The best Side of pld case laws
The best Side of pld case laws
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If your employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had an opportunity 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 frequently only carried out In case 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 plus the petitioner company responded to the allegations as such they were effectively conscious 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(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
Additionally it is important to note that granting of seniority into a civil servant without the actual size of service almost violates your entire service framework to be a civil servant inducted in Quality 17 by claiming this sort of benefit without any experience be directly posted in any higher grade, which is neither the intention of the legislation nor in the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to generally be scrupulously fair into the offender as well as 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 regulation and order situation have been the topic of adverse comments from this Court as well as from other courts but 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.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi units, with non-compliance going through departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, they are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above mentioned terms. Read more
For the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based within the same factual grounds. When a writ under Article 199 is available in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but didn't encourage the department of his/her innocence.
However it is made clear that police is free to acquire action against any person that's indulged in criminal activities topic to law. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also be certain regard with the family lose in accordance with legislation and when they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security of your house is concerned, which is not public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has become achieved. Consequently, this petition is hereby disposed of from the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly-settled that even though contemplating the case of normal promotion of civil servants, the competent authority needs to evaluate the benefit of all the suitable candidates and after owing deliberations, to grant promotion to this kind of suitable candidates that are found to get most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy about the part with the respondent department.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment also. The disparity in the spend scale allowances of Stenographers from the District Judiciary is inside the crystal clear negation of the legislation laid down because of the Supreme Court in its different pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is effectively-settled that the civil servants must first go after internal appeals within 90 days. In case the appeal is not really decided within that timeframe, he/she can then method the service check here tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days with the department to act has already expired. To the aforesaid proposition, we have been guided via the decision of the Supreme Court from the case of Dr.
ten. Based around the findings with the inquiry committee, this petition will not be viewed as maintainable and is also therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Typically, only an appeal accepted through the court of final resort will resolve this sort of differences and, For a lot of reasons, this kind of appeals are often not granted.
Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.