The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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However, in an effort to strike a balance between the rights of citizens plus the plans that are executed because of the authorities for your welfare, economic progress and prosperity of the nation, the Court didn't generate a definitive ruling on the pending construction with the grid station, but, with the consent of both parties, ordered a review and report of grid project through the National Engineering Services of Pakistan (NESPAK) to counsel alterations and location alternatives.
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116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, given that the criminal Court hasn't convicted the petitioner, somewhat he has long been acquitted of your criminal charges based on evidence and it really is well-settled legislation that once the civil servant is acquitted while in the criminal case, then on this incredibly charge he cannot be awarded in any punishment with the department and held him disqualified for your post because acquittal for all future purposes. The aforesaid proposition has actually been established at naught because of the Supreme Court of Pakistan within the case from the District Police Officer Mainwali and a pair of others v.
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:Presented the legal analysis on the subject issue, we have been on the view that the claim of your petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally audio, In addition to promotion and seniority, not absolute rights, These are subject matter to rules and regulations If your recruitment rules of the subject post allow the case from the petitioners for promotion could be considered, however, we're crystal clear in our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy issue to your approval in the competent authority.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as blended systems of regulation.
four. It goes without indicating that observations made hereinabove are just tentative in nature and strictly confined for the disposal of instant bail petition.
whether though granting promotion senior employees were considered for promotion or otherwise and submit the compliance report.(Promotion)
thirteen. The Supreme Court has held that as soon as the act of misconduct is founded along with the employee is found guilty after due process of legislation, it's the prerogative on the employer to decide the quantum of punishment, out of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness on the act of misconduct isn't enough nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more
Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), as well as the petitioners could look for remedies through the civil court process as discussed supra. Read more
Finally, an important contribution of this case which was accepted for consideration with the Court under Article 184 (three), has actually been setting a precedent which allows for much easier access to the public to approach the superior courts along with the subordinate courts on environment related issues.
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14. more info While in the light on the position explained earlier mentioned, it can be concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more