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93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is usually a very well-proven 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, apply 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 of your charge, however, that is topic towards the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings to the evidence.
4. It's been noticed by this Court that there is really a delay of at some point during the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness with the alleged occurrence plus the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened for being the real brothers of the deceased but they did not respond in the slightest degree on the confessional statements in the petitioners and calmly noticed them leaving, one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation concerning why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on numerous instances that extra judicial confession of an accused is often a weak form of evidence which might be manoeuvred through the prosecution in any case where direct connecting evidence does not come their way. The prosecution is usually depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning existence of some light for the place, where they allegedly saw the petitioners together over a motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Presented the legal analysis on the subject issue, we're with the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and seniority 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 When the recruitment rules of the topic post permit the case of the petitioners for promotion can be regarded, however, we are distinct inside our point of view that contractual service cannot be regarded for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy matter for the approval from the competent authority.
Now it is perfectly-settled that considerations for pre-arrest and post-arrest bail are completely different, therefore, within our view the discovered Judge experienced fallen in error to cancel the bail allowed to petitioner through the same Additional Sessions Judge.”
The case addresses An array of issues together with, environmental protection, and an expansive interpretation on the right to life.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could perhaps pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all foreseeable future public interest litigation brought before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is a right to life itself.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
after release from the prison he lost interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
I) The above referred case FIR, to the murder of deceased namely Muhammad Sajjad, was registered over the complaint of Muhammad Sharif son of Ghulam Farid who is father in the petitioner and According to Tale of FIR, the petitioner is undoubtedly an eyewkness from the prevalence.
The appellate court determined that the trial court had not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
10. Without touching the merits on the case on the issue of yearly increases in the pensionary emoluments in the petitioner, in terms of policy decision from the provincial government, such annual increase, if permissible during the case of employees of KMC, necessitates further assessment to generally be made because of the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain more info V/S Province of Sindh & Others Sindh High Court, Karachi It is effectively recognized now that the provision for proforma promotion will not be alien or unfamiliar to the civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province during the higher post, direct that these types of civil servant shall be paid the arrears of pay and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
It is also important to note that granting of seniority to some civil servant without the actual size of service just about violates the whole service construction for a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention with the legislation nor with the equity. Read more