We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or perhaps the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before depending on it for legal research purposes.

It is usually important to note that granting of seniority to the civil servant without the actual duration of service pretty much violates the entire service structure as a civil servant inducted in Quality 17 by claiming this kind of benefit without any experience be directly posted in almost any higher quality, which is neither the intention on the regulation nor of your equity. Read more

Since the Supreme Court is definitely the final arbitrator of all cases where the decision has long been reached, therefore the decision on the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Sign up for E-mail Notification of latest opinions The cases listed down below have had opinions filed for them within the final 14 times. The following information is readily available for each case: Information Sheet - Click a case number to view case details, which include signing JusticesJudges and participating attorneys.

thirteen. The Supreme Court has held that as soon as the act of misconduct is proven plus the employee is found guilty after because of process of regulation, it's the prerogative of the employer to decide the quantum of punishment, from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness with the act of misconduct isn't satisfactory though the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful manner. Read more

In order to preserve a uniform enforcement on the laws, the legal system adheres into the doctrine of stare decisis

Legislation professors traditionally have played a much scaled-down role in establishing case regulation in common legislation than professors in civil legislation. Because court decisions in civil law traditions are historically brief[4] and never formally amenable to establishing precedent, much of your exposition with the legislation in civil law traditions is finished by lecturers rather than by judges; this is called doctrine and should be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common regulation courts relied little on legal scholarship; Consequently, in the turn of your twentieth century, it had been quite rare to discover an academic writer quoted in the legal decision (except Probably for your academic writings of outstanding judges for instance Coke and Blackstone).

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 through the Constitution and laws on the United States and this State.

Only the written opinions of the Supreme Court as well as Court of Appeals are routinely obtainable. Decisions of the lessen (trial) courts are usually not generally published or dispersed.

Article 27 in the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment likewise. The disparity during the pay scale allowances of Stenographers inside the District Judiciary is from the obvious negation of the law laid down via the Supreme Court in its several pronouncements. 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 can be withheld on account on the allegations leveled against the petitioner, within our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension might 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 could be withheld or reduced. In a few cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set with the government.

Any court may find to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of this here type of distinction might or might not be accepted on appeal of that judgment into a higher court.

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, Maybe overruling the previous case regulation by setting a whole new precedent of higher authority. This could happen several times given that the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his growth from the concept of estoppel starting while in the High Trees case.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-established proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings to the evidence.