77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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؟
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved because of the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever reached, the Court may well interfere with the summary or the finding and mould the relief to make it ideal towards the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. Over the aforesaid proposition, we have been fortified from the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
While there is no prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds small sway. Still, if there is not any precedent within the home state, relevant case law from another state can be regarded because of the court.
It's now very well-settled that considerations for pre-arrest and post-arrest bail are entirely different, therefore, inside our view the acquired Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
The ICAP Staff Service Rules, 2011 were framed by check here the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework from the respondent/Institute. 14. In view of what has actually been discussed over, without touching the merits on the case, the preliminary objection regarding the maintainability of your petition is sustained and also the petition is held to get not maintainable in terms of Article 199 of your Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio in the judgment passed because of the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
The ruling on the first court created case regulation that must be followed by other courts till or Except if both new law is created, or a higher court rules differently.
The court cannot listen to the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders trying to keep in view that one of the respondents has retired from service as pointed out through the counsel for that respondent university. twelve. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
The regulation as proven in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Most likely overruling the previous case regulation by setting a completely new precedent of higher authority. This could come about several times as being the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his improvement from the concept of estoppel starting from the High Trees case.
Apart from the rules of procedure for precedent, the load offered to any reported judgment may depend on the reputation of both the reporter and the judges.[7]
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؟
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for turning out to be entitled to become viewed as for promotion to your higher quality, of course, is just not without logic because the officer that's in the beginning inducted to a particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public inside of a befitting way.
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive organizations based on statutes.