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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the regulation laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority of your parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and fork out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is likewise directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we're of your view that the claim in the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, Moreover promotion and seniority, not absolute rights, They may be subject matter to rules and regulations Should the recruitment rules of the topic post allow the case of the petitioners for promotion can be regarded, however, we are apparent within our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, topic to availability of vacancy subject to the approval of your competent authority.
record of your department there is no record obtainable whatsoever regarding promotion of the petitioner(Promotion)
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 to your main case, It's also a effectively-established proposition of regulation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government companies in regards to projects that could potentially pose a public risk. This case can be noteworthy, “because it laid down the foundations of all long run public interest litigation brought before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have check here water free from pollution and contamination is a right to life itself.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 from the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to a person causes death of these types of person, either by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Even though the couple experienced two young children of their have at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair experienced young children.
Therefore, this petition is found for being not maintainable and is dismissed along with the pending application(s), and also the petitioners may well seek remedies through the civil court process as discussed supra. Read more
Alternative Punishment: In a few cases, the court might have the discretion to award life imprisonment as an alternative towards the death penalty. Life imprisonment entails the offender spending the remainder of their life behind bars without the possibility of parole or early release.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by performing an act which while in the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of the this kind of person, is said to commit qatl-i-amd/murder”
The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. Ultimately, the court determined the scientific evidence inconclusive, though observing the general pattern supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out in the 1992 Rio Declaration over the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used for a reason to prevent environmental degradation.