nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police being scrupulously fair towards the offender and the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court as well as from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated.
It is usually important to note that granting of seniority to some civil servant without the actual size of service virtually violates your entire service construction to be a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher quality, which is neither the intention of the law nor in the equity. Read more
Given that the Supreme Court will be the final arbitrator of all cases where the decision has become reached, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
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This Court might interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. About the aforesaid proposition, we've been fortified via 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
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 for the main case, Additionally it is a very well-established proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter on the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power click here of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings about the evidence.