If your employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced an opportunity to answer 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 usually only accomplished If your employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence as well as petitioner company responded to the allegations as a result they were very well aware of the allegations and led the evidence as a result this point is ofno use being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
It is also important to note that granting of seniority to your civil servant without the actual length of service practically violates the whole service construction like a civil servant inducted in Quality 17 by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention of your law nor of your equity. Read more
Given that the Supreme Court is the final arbitrator of all cases where the decision is attained, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally recognized conviction. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, as being the criminal Court hasn't convicted the petitioner, instead he has long been acquitted from the criminal charges based on evidence and it truly is perfectly-settled regulation that once the civil servant is acquitted inside the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment by the department and held him disqualified for the post because acquittal for all potential purposes. The aforesaid proposition has become established at naught with the Supreme Court of Pakistan from the case with the District Police Officer Mainwali and a couple of others v.
Generally speaking, higher courts tend not to have direct oversight over the reduce courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments from the lower courts.
The Roes accompanied the boy to his therapy sessions. When they were informed with the boy’s past, they asked if their children were Protected with him in their home. The therapist certain them that that they had almost nothing to worry about.
Quite a few judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name to the ECL based within the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her six-month report into the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at from the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever achieved, the Court might interfere with the summary or perhaps the finding and mildew the relief to make it acceptable on the facts of 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-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified via the decision of the Supreme Court while in 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 337 Order Date: 24-JAN-twenty five 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 of the regulation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority with the parent department of your petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The reason for this difference is that these civil legislation jurisdictions adhere to a tradition that the reader should have the capacity to deduce the logic from the decision as well as the statutes.[four]
eight. For that reasons stated previously mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is Consequently acceded to. All pending applications, if any, are dismissed. Read more
Therefore, this petition is found being not maintainable and is also dismissed along with the pending application(s), as well as petitioners could search for remedies through innocent misrepresentation case law the civil court process as discussed supra. Read more