refers into a landmark case decided by the Supreme Court of Pakistan in 2012. Here’s a brief overview:
“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined via the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
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 implement, as being the criminal Court has not convicted the petitioner, somewhat he has been acquitted from the criminal charges based on evidence and it really is properly-settled regulation that once the civil servant is acquitted during the criminal case, then on this very charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all future purposes. The aforesaid proposition is established at naught with the Supreme Court of Pakistan while in the case on the District Police Officer Mainwali and a pair of others v.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, it is also a effectively-proven proposition of legislation 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject for the procedure provided under the relevant rules instead of 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 within the evidence.
If a target is shot at point-blank array, it may still be fair to infer that the accused meant death. However, that isn't always the case.
Any court might seek out to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to some higher court.
Ordinarily, only an appeal accepted by the court of last vacation resort will resolve these differences and, For numerous reasons, these appeals in many cases are not granted.
acquitted the appellants from each of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
Criminal cases In the common law tradition, courts decide the regulation applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Compared with most civil law systems, common regulation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions constant with the previous decisions of higher courts.
1. Judicial Independence: The court emphasised the importance of judicial independence and also the separation of powers.
When the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only carried out if the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as the petitioner company responded to the allegations therefore they were properly aware of the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S check here Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may very well be withheld on account in the allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.
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