Not known Factual Statements About how cases are handled that are not mentioned in law

Not known Factual Statements About how cases are handled that are not mentioned in law

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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your regulation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department with the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and fork out the pension amount and other ancillary benefits into the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent can also be directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, given that the criminal Court hasn't convicted the petitioner, somewhat he has become acquitted from the criminal charges based on evidence and it truly is perfectly-settled law that once the civil servant is acquitted in the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment with the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan while in the case in the District Police Officer Mainwali and 2 others v.

Information on accessing opinions and case-related documents with the Supreme Court of your United States is out there about the court’s website.

extended period petitioner wasn't thought of for promotion, meeting with the departmental promotion committee and look at the petitioner (Promotion)

Article 27 of the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment as well. The disparity inside the fork out scale allowances of Stenographers within the District Judiciary is during the obvious negation in the regulation laid down because of the Supreme Court in its a variety of pronouncements. Read more

                                                                  

The Court viewed as the case for being maintainable under Article 184 (three) Considering that the Threat and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.

thirteen. The Supreme Court has held that once the act of misconduct is set up plus the employee is found guilty after due process of legislation, it is the prerogative of your employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct just isn't suitable but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Specified the legal analysis on the subject issue, we've been in the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally audio, besides promotion and seniority, not absolute rights, They can be topic to rules and regulations Should the recruitment rules of the topic post permit the case with the petitioners for promotion might be deemed, however, we circumstantial evidence case law are obvious in our point of view that contractual service cannot be regarded for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, matter to availability of vacancy issue towards the approval with the competent authority.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

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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 to be a legally identified conviction. Read more

These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are set up by executive organizations based on statutes.