The smart Trick of audit 177 4 case laws That Nobody is Discussing

The smart Trick of audit 177 4 case laws That Nobody is Discussing

Blog Article

Extra username and password are needed for this resource. See Username and password webpage for details

fourteen. Within the light of your position explained previously mentioned, it is actually concluded that a civil servant incorporates a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or inside 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

This Court may well interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever achieved, the Court might interfere with the conclusion or perhaps the finding and mould the relief to make it appropriate towards the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. Around the aforesaid proposition, we're fortified through the decision on the Supreme Court 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 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Rulings by courts of “lateral jurisdiction” aren't binding, but may be used as persuasive authority, which is to give substance into the party’s argument, or to guide the present court.

prolonged period petitioner wasn't deemed for promotion, meeting of the departmental promotion committee and consider the petitioner (Promotion)

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, It's also a effectively-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 reach 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 in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings about the evidence.

Following the decision, NESPAK, as directed, conducted an assessment in the grid project and submitted that enough mitigation measures were in place to render any probable adverse impacts negligible. Based on this, the grid station was permitted to be developed.

already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)

The legislation as proven in previous court rulings; like common legislation, which springs from judicial decisions and tradition.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Specified the legal analysis on the subject issue, we have been of the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle will not be legally sound, Aside from promotion and seniority, not absolute rights, They are really topic to rules and regulations Should the recruitment rules of the subject post allow the case of your petitioners for promotion can be regarded as, however, we have been apparent inside our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy matter into the approval on the competent authority.

Finally, a significant contribution of this case which was accepted for consideration from the Court under Article 184 (three), has check here long been setting a precedent which allows for much less complicated access to the public to strategy the superior courts and the subordinate courts on environment related issues.

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same sort of case.

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are not any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case set up the application of the precautionary principle where there is really a risk to environmental rights, and emphasised the positive obligations with the State in protecting the right to some clean and healthy environment.

fourteen. In the light from the position explained higher than, it is actually concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more