When the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only performed When the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence as well as petitioner company responded to your allegations as a result they were well mindful of the allegations and led the evidence as such this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
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Should the DIGP finds evidence of a cognizable offense by both party, he shall direct the relevant SHO to record statements and continue according into the legislation. This petition stands disposed of in the above terms. Read more
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It could be used to guide the court, but is not binding precedent.
This is because transfer orders are typically thought of within the administrative discretion in the employer. However, there can be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice on the Peace u/s 22-A will not be obliged to afford a possibility of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to look at all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
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ten. Without touching the merits from the case of the issue of once-a-year increases in the pensionary emoluments in the petitioner, in terms of policy decision of the provincial government, this sort of once-a-year increase, if permissible in the case of employees of KMC, involves further assessment for being made by 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, necessitating the petitioner to go after other legal avenues. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved through the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it appropriate to the facts of each and every 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 maybe the nature of punishment. Within the aforesaid proposition, we have been fortified because of 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(Creator) 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 law laid down from the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority from the parent department with the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the here pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based within the findings in the inquiry committee, this petition is not regarded maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Where there are several members of a court deciding a case, there can be a person or more judgments supplied (or reported). Only the reason for your decision of the majority can represent a binding precedent, but all may be cited as persuasive, or their reasoning may very well be adopted in an argument.
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may possibly request remedies through the civil court process as discussed supra. Read more