Getting My case law on disciplinary proceedings To Work
Getting My case law on disciplinary proceedings To Work
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If the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only done Should the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as petitioner company responded into the allegations therefore they were very well conscious of the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
How much sway case law holds might vary by jurisdiction, and by the precise circumstances of your current case. To explore this concept, think about the following case law definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; When the parents on the boy or Lady never approve of such inter-caste or interreligious marriage the maximum they could do if they can Reduce off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who provides these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings via the police against this kind of persons and further stern action is taken against these person(s) as provided by regulation.
The an abundance of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to take action against any person that is indulged in criminal activities topic to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-discipline duties from the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion involves a move to some higher position with increased responsibilities and rank. Upgradation, on the other hand, offers financial relief by inserting an employee inside a higher pay out scale, without changing their occupation duties or position. It is a system designed to address the stagnation of employees who have remained in the same shell out scale for a lengthy time, particularly when they lack prospects for promotion. Upgradation is really a policy Resource used to ease the hardship of lengthy-term stagnation. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A will not be obliged to afford a chance of hearing towards the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to think about all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
The regulation as set up in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
Some bodies are given statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.
Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It can be well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Therefore, this petition is hereby disposed of within the terms stated over. However no harassment shall be caused to here either party and also the case shall be decided via the competent court of regulation if pending. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should be able to deduce the logic from the decision and also the statutes.[four]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly recognized now that the provision for proforma promotion isn't alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if pleased that a civil servant who was entitled to get promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service towards the Federation/ province from the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be thorough, but this is a superb starting point. See Background section at base of RECAP website for more information.