Также здесь представлены профилактических мерах, актуальных подходах и рекомендациях специалистов.
14. Inside the light in the position explained earlier mentioned, it can be concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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 implement, because the criminal Court has not convicted the petitioner, alternatively he has become acquitted in the criminal charges based on evidence and it is perfectly-settled legislation that once the civil servant is acquitted from the criminal case, then on this pretty charge he cannot be awarded in almost any punishment via the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition continues to be established at naught because of the Supreme Court of Pakistan from the case of the District Police Officer Mainwali and a pair of others v.
Section 302 with the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application from the death penalty or life imprisonment depends around the specifics of each and every case, which includes any extenuating circumstances or mitigating factors.
The stated recovery could possibly be used, on the most, for corroboration on the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The mentioned memo of pointation is irrelevant and inadmissible as practically nothing was discovered as a result of this sort of pointation. The place of event plus the place of throwing the dead body were already in the knowledge of witnesses ahead of their pointation with the petitioners. Reliance is usually placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. If your summary or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the summary or perhaps the finding and mould the relief to really make it acceptable for the 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-appreciate the evidence or maybe the nature of punishment. Over the aforesaid proposition, we are fortified via the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the capacity to deduce the logic from the decision as well as the statutes.[4]
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears in addition to a new system is place in its place.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental check here killing, which might lead to reduced charges or acquittal.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and making certain that all institutions function within their constitutional mandates.
However, it’s essential to note that the application on the death penalty is topic to several legal safeguards and because of process to make sure fair trials.
competent authority has determined the eligibility on the private respondents and found them for being in good shape for promotion. CP dismissed(Promotion)