In addition to the primary punishment, the court could also impose a fine over the offender. The fine’s amount is for the discretion on the court and is intended to function an additional deterrent.
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 from the law laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority with the parent department with the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay out the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent is likewise 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
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, given that the criminal Court hasn't convicted the petitioner, fairly he has become acquitted of the criminal charges based on evidence and it can be very well-settled legislation that once the civil servant is acquitted inside the criminal case, then on this really charge he cannot be awarded in any punishment from the department and held him disqualified for your post because acquittal for all potential purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and a couple of others v.
Commonly, the burden rests with litigants to appeal rulings (like All those in crystal clear violation of recognized case law) to your higher courts. If a judge acts against precedent, and the case is just not appealed, the decision will stand.
record in the department there is no record out there whatsoever regarding promotion of the petitioner(Promotion)
This Court may interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained from the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or the finding and mould the relief to really make it acceptable for the facts of each 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 maybe the nature of punishment. Within the aforesaid proposition, we are fortified via the decision with the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
Online access on the case management system with the Court of Appeals of Virginia. Cases could be searched using name or case number.
2. I have heard the discovered counsel for the parties as well as figured out DPG at size, perused the record and observed that:-
In case the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only accomplished In the event the employee can show 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 to your allegations as such they were nicely mindful of the allegations and led the evidence as such this point more info is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
one. Judicial Independence: The court emphasized the importance of judicial independence along with the separation of powers.
What's more, it addresses the limitation period under Article 91 and 120 of your Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
dismissed as not pressed and sentences awarded into the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )