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It is usually important to note that granting of seniority to a civil servant without the actual duration of service practically violates all the service framework as being a civil servant inducted in Quality 17 by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention of your legislation nor in the equity. Read more
However, decisions rendered via the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues from the Constitution and federal legislation.
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
This is because transfer orders are typically thought of within the administrative discretion of the employer. However, there could be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the right forum. Read more
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
The Roes accompanied the boy to his therapy sessions. When they were informed on website the boy’s past, they questioned if their children were safe with him in their home. The therapist certain them that they'd very little to fret about.
The law as proven in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a very well-recognized proposition of regulation 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 during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue into the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.
The regulation of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called regulation of necessity..
Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. Therefore, this petition is admissible based on proven court precedents, and the respondents' objections are overruled. Read more
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request towards the appellate court.
8. For the reasons stated higher than, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is As a result acceded to. All pending applications, if any, may also be dismissed. Read more
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), as well as petitioners could seek remedies through the civil court process as discussed supra. Read more