77 . 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 instant Petition under Article 199 of your Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
fourteen. Inside the light on the position explained above, it is concluded that a civil servant features a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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maintaining the conviction awarded towards the appellant reduce the sentence from the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
The court system is then tasked with interpreting the regulation when it really is unclear the way it applies to any supplied situation, normally rendering judgments based around the intent of lawmakers as well as the circumstances with the case at hand. These kinds of decisions become a guide for future similar cases.
four. It goes without expressing that observations made hereinabove are just tentative in nature and strictly confined to the disposal of prompt bail petition.
Let’s give attention to what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
The court cannot listen to the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders preserving in view that among the respondents has retired from service as pointed out because of the counsel for the respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
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2. I have listened to the acquired counsel for the parties in addition to figured out DPG at duration, perused the record and observed that:-
Apart from the rules of procedure for precedent, the weight specified to any reported judgment may depend on the reputation of both the reporter as well as the judges.[seven]
3. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion could be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual length of service on account of vested rights. The purpose case laws pakistan of prescribing a particular duration of service for getting entitled being thought of for promotion into a higher quality, of course, is just not without logic as the officer who is originally inducted to a particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public inside of a befitting method.
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive agencies based on statutes.