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 legislation enjoins the police to generally be scrupulously fair on the offender and the Magistracy is to ensure 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 regulation and order situation have been the subject of adverse comments from this Court along with from other courts but they have did not 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 lots of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It truly is perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. Within the light of your position explained above, it is actually concluded that a civil servant incorporates 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 could not be regarded for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or during 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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This Court may interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever reached, the Court may perhaps interfere with the summary or even the finding and mold the relief to really make it correct to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely 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. Over the aforesaid proposition, we're fortified by the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—would be the principle by which judges are bound to these past decisions, drawing on established judicial authority to formulate their positions.
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The court system is then tasked with interpreting the law when it is unclear the way it applies to any given situation, typically rendering judgments based around the intent of lawmakers as well as the circumstances in the case at hand. This kind of decisions become a guide for future similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a properly-set up 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is issue into the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings within the evidence.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be perfectly-settled that the civil servants must first go after internal appeals within ninety times. Should the appeal is not decided within that timeframe, he/she can then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times with the department to act has already expired. About the aforesaid proposition, we are guided through the decision in the Supreme Court from the case of Dr.
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The discovered Tribunal shall decide the case on merits, without being influenced via the findings while in the Impugned order, after recording of evidence from the respective parties. Read more