refers into a landmark case decided because of the Supreme Court of Pakistan in 2012. Listed here’s a brief overview:
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116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not use, as being the criminal Court hasn't convicted the petitioner, fairly he has actually been acquitted of your criminal charges based on evidence and it really is very well-settled law that once the civil servant is acquitted inside the criminal case, then on this really charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition continues to be established at naught because of the Supreme Court of Pakistan from the case in the District Police Officer Mainwali and 2 others v.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we have been with the view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally seem, In addition to promotion and seniority, not absolute rights, They may be subject matter to rules and regulations If your recruitment rules of the topic post permit the case of the petitioners for promotion could be considered, however, we are obvious within our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy issue to the approval on the competent authority.
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The case addresses a range of issues including, environmental protection, and an expansive interpretation on the right to life.
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've been with the view that the claim from the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is just not legally sound, click here In addition to promotion and seniority, not absolute rights, they are subject matter to rules and regulations In the event the recruitment rules of the topic post allow the case from the petitioners for promotion may very well be regarded as, however, we've been crystal clear within our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy matter for the approval in the competent authority. Read more
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
Usually, only an appeal accepted via the court of very last resort will resolve these kinds of differences and, For most reasons, these kinds of appeals are frequently not granted.
This case is cited in several subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, along with the rule of law.
Case law, also known as precedent, forms the foundation in the Pakistani legal system. Understanding relevant judgments and rulings is crucial for interpreting statutes and predicting legal outcomes. Free access to those resources democratizes legal knowledge, empowering citizens and advertising transparency.
1. Judicial Independence: The court emphasized the importance of judicial independence as well as the separation of powers.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly established now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service on the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of pay out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.