In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a chance 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 include the grievance notice. However, this is generally only finished If your employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence plus the petitioner company responded to your allegations as such they were properly mindful of the allegations and led the evidence therefore this point is ofno use to become looked 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
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If your DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and progress according to your legislation. This petition stands disposed of in the above mentioned terms. Read more
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149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
The proposal appears to be reasonable and acceded to. During the meantime police shall remain neutral in the private dispute between the parties, however, if any on the individuals is indulged in criminal activity the police shall choose prompt action against them under regulation. five. The instant petition is disposed of in the above mentioned terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, making certain the enforcement of its judgments. Because the Supreme Court will be the final arbitrator of all cases where the decision continues to be reached, the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. Read more
The court system is then tasked with interpreting the law when it truly is unclear the way it applies to any supplied situation, usually rendering judgments based over the intent of lawmakers as well as circumstances on the case at hand. This sort of check here decisions become a guide for long run similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a very well-proven 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue on the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.
Summaries present an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
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 law laid down by the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority on the parent department with the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent is also 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
Statutory laws are those created by legislative bodies, including Congress at both the federal and state levels. When this type of law strives to form our society, giving rules and guidelines, it would be impossible for just about any legislative body to anticipate all situations and legal issues.
8. With the reasons stated above, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend in the comments, and their request is Consequently acceded to. All pending applications, if any, will also be dismissed. Read more
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.