9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police for being scrupulously fair to your offender plus the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court and from other courts but they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
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fourteen. While in the light with the position explained above, it truly is concluded that a civil servant provides 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 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 inside the size of service or from 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
The lots of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it is made apparent that police is free to get action against any person who is indulged in criminal activities matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties in the interim period. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner must pursue his remedy through an appeal before the competent authority. If these kinds of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner might then request further recourse before the Service Tribunal. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—would be the principle by which judges are bound to these types of past decisions, drawing on proven judicial authority to formulate their positions.
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We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and also to protect the rights and liberties guaranteed by the Constitution and laws of your United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, it is also a nicely-established 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, utilize 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 on the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, to the 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 on the evidence.
five hundred,000/- (Rupees 5 hundred thousand only) Each and every as well as the same shall be retained while in the police station into the effect that no harm shall be caused into the petitioners. five. In view of the above, business law case studies pdf this Constitutional Petition is disposed of Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions established by the government.
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8. To the reasons stated earlier mentioned, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is thus acceded to. All pending applications, if any, can also be dismissed. Read more
The figured out Tribunal shall decide the case on merits, without being influenced from the findings within the Impugned order, after recording of evidence with the respective parties. Read more