If the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced a possibility to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed In case the employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as petitioner company responded to your allegations therefore they were perfectly aware about the allegations and led the evidence therefore this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
It is usually important to note that granting of seniority to your civil servant without the actual length of service pretty much violates your entire service framework as being a civil servant inducted in Quality 17 by claiming such benefit without any experience be directly posted in almost any higher grade, which is neither the intention of the law nor of your equity. Read more
14. From the light of the position explained previously mentioned, it is actually concluded that a civil servant includes a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding reached via the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever arrived at, the Court may possibly interfere with the summary or maybe the finding and mildew the relief to make it correct to 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 the nature of punishment. Over the aforesaid proposition, we've been fortified via the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral in the private dispute between the parties, however, if any from the individuals is indulged in criminal action the police shall acquire prompt action against them under regulation. 5. The instant petition is disposed of in the above terms. Read more
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twelve. There is no denial from the fact that in Government service it is expected that the persons owning their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is often a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to carry out away with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
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. As a result, this petition is admissible based on established court precedents, as well as respondents' objections are overruled. Read more
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Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), plus the petitioners may possibly request remedies through the civil court process as discussed supra. Read more