A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
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Case legislation is specific to your jurisdiction in which it absolutely was rendered. For example, a ruling in the California appellate court would not commonly be used in deciding a case in Oklahoma.
14. While in the light of your position explained over, it is concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or while in 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The a lot of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it truly is made obvious that police is free to consider action against any person who's indulged in criminal activities subject to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties during the interim period. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner needs to pursue his remedy through an appeal before the competent authority. If these kinds of an appeal has not yet been decided, it should be addressed. Following that decision, the Petitioner might then search for further recourse before the Service Tribunal. Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres into the doctrine of stare decisis
When the state court hearing the case reviews the law, he finds that, whilst it mentions large multi-tenant properties in certain context, it is actually actually quite vague about whether the ninety-working day provision applies to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held for the 90-working day notice prerequisite, and rules in Stacy’s favor.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on advantage and more importantly when after recording of evidence it has achieved to some stage of final arguments, endeavors should be made for advantage disposal when it has attained such stage. Read more
10. Without touching the merits with the case in the issue of once-a-year increases in the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, these kinds of annual increase, if permissible in the case of employees of KMC, needs further assessment to be made through the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever reached, the Court may interfere with the summary or maybe the finding and mold the relief to really make it correct to your facts of every case. In service jurisprudence, the disciplinary authority could 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 maybe the nature of punishment. On the aforesaid proposition, we are fortified by the decision with the Supreme Court inside 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 in the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department in the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of the respondent is additionally 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
Any court might find to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is well recognized now that the provision for proforma promotion isn't alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may possibly if satisfied that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to your Federation/ province within the higher post, direct that these civil servant shall be paid the arrears of spend and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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 into the main case, It's also a very well-established proposition of legislation 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 conclusion. But that finding must be based on some evidence. Neither the technical rules get more info nor proof of the fact or evidence in the Stricto-Sensu, use 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 subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings within the evidence.