Should the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished In the event the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and the petitioner company responded into the allegations therefore they were effectively aware of the allegations and led the evidence therefore this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
14. While in the light in the position explained previously mentioned, it is actually concluded that a civil servant features a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The loads of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it is made crystal clear that police is free to just take action against any person who is indulged in criminal activities issue to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-field duties within the interim period. Read more
13. The Supreme Court has held that the moment the act of misconduct is set up and also the employee is found guilty after thanks process of legislation, it is the prerogative of your employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness on the act of misconduct is not enough nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
Generally speaking, higher courts don't have direct oversight over the decrease courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments from the decrease courts.
Within the United States, courts exist on both the federal and state levels. The United States Supreme Court will be the highest court in the United States. Lower courts on the federal level include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related to your United States Constitution, other federal laws and regulations, and certain matters that require parties from different states or countries and large sums of money in dispute. Each state has its have judicial system that incorporates trial and appellate courts. The highest court in Every single state is usually referred to as being the “supreme” court, While there are a few exceptions to this rule, for example, the Ny Court of Appeals or the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, Even though state courts might also generally listen to cases involving federal laws.
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the check here persons possessing their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be a condition precedent for appointment to a 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 is definitely 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 try and do absent with the candidature with the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a nicely-established 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, use 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 matter for the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings over the evidence.
Article 27 of your Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment in addition. The disparity while in the fork out scale allowances of Stenographers while in the District Judiciary is from the obvious negation of your legislation laid down because of the Supreme Court in its many pronouncements. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police for being scrupulously fair to your offender as well as the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court and also from other courts Nonetheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty 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 any crime, his constitutional and fundamental rights must not be violated.
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though the couple had two young children of their own at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple had younger children.
Since the Supreme Court would be the final arbitrator of all cases where the decision is arrived at, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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 for the main case, Additionally it is a well-recognized 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 succeed in 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 within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter for the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings within the evidence.