We make no warranties or guarantees about the precision, completeness, or adequacy on the information contained on this site, or maybe the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can create inaccuracies. You should read the full case before depending on it for legal research purposes.
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 set in its place.
However, decisions rendered because of the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues in the Constitution and federal legislation.
We make no warranties or guarantees about the precision, completeness, or adequacy on the information contained on this site, or the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can generate inaccuracies. You should read the full case before depending on it for legal research purposes.
Consequently, the petition and any related applications are dismissed. The Petitioner has to pursue his remedy through an appeal before the competent authority. If these kinds of an appeal has not however been decided, it should be addressed. Following that decision, the Petitioner may perhaps then request further recourse before the Service Tribunal. Read more
For your foregoing reasons the moment suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based about the same factual grounds. When a writ under Article 199 is accessible in specific limited situations, it is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-take a look at witnesses and present his/her defense but didn't encourage the department of his/her innocence.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and to protect the rights and liberties guaranteed because of the Constitution and laws from the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It's also a effectively-proven proposition of legislation 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 here the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter towards the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings on the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained because of the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mould the relief to really make it acceptable on the facts of each and every 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-recognize the evidence or even the nature of punishment. To the aforesaid proposition, we've been fortified because of the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually perfectly-settled that the civil servants must first go after internal appeals within 90 days. If the appeal is not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety days for the department to act has already expired. Around the aforesaid proposition, we have been guided through the decision from the Supreme Court in the case of Dr.
ten. Based about the findings on the inquiry committee, this petition is just not considered maintainable and it is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Preceding four tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
The discovered Tribunal shall decide the case on merits, without being influenced via the findings while in the Impugned order, after recording of evidence from the respective parties. Read more