Make a difference:-Services Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Well being Science and Some others Sindh Superior Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the key case, It is usually a well-set up proposition of legislation that when an inquiry is done on expenses of misconduct by a public servant, the Court docket is concerned with analyzing if the inquiry was held by a competent officer or no matter if procedures of pure justice are complied with. Whether the results or conclusions are according to some evidence, the authority entrusted with the power to carry inquiry has jurisdiction, electricity, and authority to reach a acquiring of simple fact or conclusion. But that discovering should be based on some proof. Neither the technical rules nor evidence of the actuality or proof during the Stricto-Sensu, implement to disciplinary proceedings. Once the authority accepts that evidence and conclusion receive aid therefrom, the disciplinary authority is entitled to hold which the delinquent officer is responsible with the demand, however, that may be subject on the method supplied underneath the related regulations instead of usually, for The explanation which the Court in its electric power of judicial evaluate won't work as appellate authority to re-enjoy the proof and to reach at its independent conclusions over the proof.
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The ICAP Employees Services Procedures, 2011 had been framed by the respondent/Institute, these policies might not hold the operates inside of a crystal clear legal and regulatory framework of your respondent/Institute. fourteen. In look at of what has long been talked over above, without the need of touching the deserves of the situation, the preliminary objection regarding the maintainability in the petition is sustained as well as the petition is held to generally be not maintainable regarding Write-up 199 on the Constitution for The main reason that non???statutory rules of provider can not be enforced through writ of mandamus with regard to ratio in the judgment handed from the Supreme Court in the case of Pakistan Electric powered Electrical power Organization supra. Read a lot more
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