The 2-Minute Rule for Cyber Crime Lawyer in DHA Karachi Pakistan
The 2-Minute Rule for Cyber Crime Lawyer in DHA Karachi Pakistan
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114 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Some others Sindh Higher Court docket, Karachi It's properly-settled that although thinking of the situation of standard marketing of civil servants, the knowledgeable authority should consider the merit of each of the eligible candidates and following owing deliberations, to grant advertising to these qualified candidates that are observed to be most meritorious amongst them. For the reason that petitioner was held being senior to his colleagues who had been promoted in BS-19, the petitioner was disregarded with the respondent Division just to extend favor for the blue-eyed candidate depending on OPS, and that is apathy on the Portion of the respondent Section.
The ICAP Employees Provider Regulations, 2011 were framed via the respondent/Institute, these principles may well not possess the operates inside a distinct legal and regulatory framework in the respondent/Institute. fourteen. In look at of what has actually been talked about above, without touching the merits of the situation, the preliminary objection regarding the maintainability of your petition is sustained and the petition is held to become not maintainable in terms of Post 199 in the Constitution for The explanation that non???statutory principles of assistance cannot be enforced via writ of mandamus with regards to ratio of your judgment handed because of the Supreme Court docket in the case of Pakistan Electric powered Electricity Business supra. Study additional
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This Courtroom may interfere exactly where the authority held the proceedings against the delinquent officer within a method inconsistent with The principles of pure justice or in violation of statutory rules prescribing the mode of inquiry or in which the conclusion or getting achieved with the disciplinary authority is based on no proof. In the event the summary or discovering is like no realistic man or woman would've at any time attained, the Court docket may perhaps interfere Along with the conclusion or maybe the finding and mildew the reduction to really make it hop over to here acceptable into the points of every situation. In service jurisprudence, the disciplinary authority is the only real choose of points. In which the enchantment is introduced, the appellate authority has coextensive electric power to re-value the proof or the nature of punishment. Over the aforesaid proposition, we are fortified by the choice from the Supreme Court docket in the situation of Ghulam Murtaza Shaikh v. Main Minister Sindh (2024 SCMR 1757). Examine additional
Typically; petitioners do that if you want of significance, beginning by using a petition to the court docket to rehear the situation and ending with a ask for for the court to refund all service fees linked to the enchantment.
By implementing different specifications, the legal method accommodates the nuances of various circumstances, striving to achieve equitable resolutions.
In case your scenario concerns a concern of in depth curiosity or raises an first issue concerning the legislation, then you will have grounds for filing a writ of petition. What's more, if a court ruling could lead to you an unintended damage, then maybe you have an option.
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Although every single writ petition course of action will vary, Each individual will require you to eloquent the nature of your scenario and provide an originated reason for expedited attractiveness.
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