Также здесь представлены профилактических мерах, актуальных подходах и рекомендациях специалистов.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-proven proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue on the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
four. Record shows that the petitioner has become booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Though the petitioner has obtained bail in These cases, it does, prima facie, build that the petitioner is prone to repeating the offence.
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we are on the view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally sound, Apart from promotion and seniority, not absolute rights, They may be subject matter to rules and regulations if the recruitment rules of the subject post allow the case of the petitioners for promotion might be viewed as, however, we are very clear within our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, subject to availability of vacancy issue into the approval of your competent authority.
In this weblog post, we will delve into the details of Section 302 PPC, exploring its provisions and also the gravity of its punishment.
Free case regulation sites in Pakistan are a must have resources for anyone needing to understand Pakistani law. By employing the tips and techniques outlined in this article, you are able to navigate these resources effectively and conduct comprehensive legal research.
In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. One of many most severe crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of your Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is critical to make certain justice prevails.
department concerned shall give the complete list of ACRs from the concerned officer to DPC well in advance cases for promotin(Promotion)
The legislation of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Should the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished In case the employee can show that they'd a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence and the petitioner company responded towards the allegations as such they were very well mindful of the allegations and led the evidence as such this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent couldn't be proved unless case is attempted(Bail Matters)
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally identified conviction. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is here placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held because of the august Supreme Court of Pakistan as under:--