In the event the employee fails to serve a grievance notice, the NIRC may 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 carried out if the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and also the petitioner company responded for the allegations as such they were nicely aware of the allegations and led the evidence as such this point is ofno use for being 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 a civil servant without the actual length of service almost violates all the service composition to be a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention in the regulation nor of the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have read the figured out counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 at hand over possession with the subjected premises to the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this aspect for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
The a good amount 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 a crime, his constitutional and fundamental rights must not be violated. However it really is made distinct that police is free to consider action against any person that's indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion entails a transfer to a higher position with increased responsibilities and rank. Upgradation, to the other hand, delivers financial relief by inserting an employee inside of a higher fork out scale, without switching their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained inside the same fork out scale for an extended time, particularly when they absence prospects for promotion. Upgradation is usually a policy Instrument used to relieve the hardship of prolonged-term stagnation. Read more
However it can be made clear that police is free to get action against any person that is indulged in criminal activities subject to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect of the family shed in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security on the house is concerned, which will not be public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has long been achieved. Consequently, this petition is hereby disposed of within the terms stated over. Read more
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 twelve Justice from the Peace u/s 22-A is not really obliged to afford an opportunity of hearing to the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is predicted that the persons having their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be a condition precedent for appointment to a 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 your Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish away with the candidature of your petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely-settled that while taking into consideration the case of regular promotion of civil servants, the competent authority needs to think about the advantage of many of the eligible candidates and after because of deliberations, to grant promotion to this kind of eligible candidates who are found being most meritorious among them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked by the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy within the part with the respondent department.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to follow.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension may be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
10. Based to the findings from the inquiry committee, this petition just isn't regarded as maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is perfectly founded now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may perhaps if contented that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that these civil servant shall be paid the arrears of pay back and allowances of these kinds of higher post through proforma website promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The discovered Tribunal shall decide the case on merits, without being influenced because of the findings within the Impugned order, after recording of evidence with the respective parties. Read more