5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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Taking someone’s life can be a heinous crime that devastates family members, communities, and society in general. The harsh punishment serves being a deterrent to potential offenders and seeks to copyright the sanctity of human life.
14. In the light from the position explained over, it can be concluded that a civil servant contains 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 considered for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or inside 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 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This Court may well 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 method of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. If your summary or finding is such as no reasonable person would have ever achieved, the Court may well interfere with the summary or perhaps the finding and mildew the relief to really make it acceptable to your 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-recognize the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified via the decision on 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 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your 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 way out or guise to accomplish absent with the candidature with the petitioner. Read more
Article 27 in the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity in the shell out scale allowances of Stenographers from the District Judiciary is inside the crystal clear negation with the law laid down from the Supreme Court in its numerous pronouncements. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we have been of your view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is just not legally audio, Aside from promotion and seniority, not absolute rights, They may be topic to rules and regulations When the recruitment rules of the topic post allow the case with the petitioners for promotion could be considered, however, we are apparent within our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy matter get more info on the approval from the competent authority. Read more
The court cannot hear the transfer order challenge since it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders holding in view that among the list of respondents has retired from service as pointed out via the counsel for that respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the pair had two young children of their personal at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple experienced younger children.
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The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, As well as in her six-thirty day period report to your court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
this Court is remaining with no option but to direct the respondents to notify the promotion of your petitioner in next rank .(Promotion)
13309-B of 2010 to become weak types of evidence as well as the evidentiary value whereof would be witnessed within the time in the trial. The investigation of this case has already been finalized and, Hence, confirmed custody of your petitioner in jail is unlikely to serve any valuable purpose at this stage.”
competent authority has determined the eligibility on the private respondents and found them to be suit for promotion. CP dismissed(Promotion)