Should the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only performed In case the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence as well as petitioner company responded towards the allegations as such they were well aware of the allegations and led the evidence therefore this point is ofno use to be seemed 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 additionally important to note that granting of seniority into a civil servant without the actual size of service practically violates the whole service structure to be a civil servant inducted in Quality 17 by claiming this kind of benefit without any experience be directly posted in almost any higher quality, which is neither the intention with the law nor of your equity. Read more
fourteen. In the light on the position explained earlier mentioned, it's concluded that a civil servant features a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration 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
Also, it may review an appeal of the decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by the New Jersey Redistricting Commission on redistricting congressional districts Should the Commission cannot get to a decision.
Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), and also the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more
Most of the volumes (which include more recent volumes than the library's holdings) can also be readily available online through the Caselaw Access Project.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based about the same factual grounds. Although a writ under Article 199 is accessible in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-take a look at witnesses and present his/her defense but did not influence the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons owning their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really 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 mentioned is that the only impediment to being appointed into a Government service is 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 perform absent with the candidature in the petitioner. Read more
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, It's also a nicely-established 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 read more succeed in 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 during 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 in the charge, however, that is matter towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings to the evidence.
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Federalism also plays a major role in determining the authority of case law in the particular court. Indeed, Every circuit has its individual list of binding case regulation. Consequently, a judgment rendered from the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.
The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should have the capacity to deduce the logic from the decision as well as statutes.[4]
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as case under appeal, Possibly overruling the previous case regulation by setting a whole new precedent of higher authority. This could happen several times as being the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his advancement of the concept of estoppel starting while in the High Trees case.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is just not thorough, but this is a superb starting point. See Background section at bottom of RECAP website for more information.