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In the event the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and progress according to the regulation. This petition stands disposed of in the above mentioned terms. Read more
The lots of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made crystal clear that police is free to get action against any person who's indulged in criminal activities matter to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties from the interim period. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. If your conclusion or finding is including no reasonable person would have ever reached, the Court may perhaps interfere with the summary or even the finding and mould the relief to make it suitable to the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
When there is no prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds minimal sway. Still, if there isn't any precedent during the home state, relevant case law from another state could possibly be regarded as because of the court.
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly-settled that even website though considering the case of standard promotion of civil servants, the competent authority needs to think about the advantage of the many qualified candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who will be found to get most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked by the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy about the part on the respondent department.
12. There isn't any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
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 from the law laid down via the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority with the parent department on the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay the pension amount and other ancillary benefits to your petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority on the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to generally be gathered through the parties – specifically regarding the issue of absolute immunity.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Criminal cases In the common regulation tradition, courts decide the legislation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Not like most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions reliable with the previous decisions of higher courts.