Writs are issued with the Higher Courts less than Artwork. 199 with the Constitution for the enforcement of basic rights, for the redress of some other provision of your constitution or any provision of any statute, Ordinance, Buy, Rule or Regulation or illegality by any authority. No writ petition is often entertained if another statutory solution for such redress is offered but exactly where the defect of jurisdiction is apparent on the deal with with the proceedings, or There exists abuse of discretionary energy, a writ will likely be issued Regardless of of the existence of alternate treatment.
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14. In the light in the posture spelled out over, it's concluded that a civil servant includes a elementary correct to generally be promoted even soon after his retirement by awarding proforma promotion; offered, his correct of promotion accrued during his assistance but couldn't be regarded for no fault of his personal and meanwhile he retired on attaining the age of superannuation with no shortcoming on his part about deficiency within the duration of assistance or in the form of inquiry and departmental action was so taken from his correct of marketing. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Resource: Purchase: Downloads 313 Order Date: 24-JAN-twenty five Authorised for Reporting WhatsApp
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The writ isn't going to specify as to what judgment the lessen courtroom should extract, it basically orders the decreased court to move forward to judgment. Rebuttal to adjust to the writ may well topic the lessen courtroom to an excerpt for contempt.
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Matter:-Company 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 College of Health Science and Many others Sindh Superior Courtroom, Karachi SHC Citation: SHC-225471 Tag:Coming to the main scenario, It is additionally a properly-established proposition of legislation that when an inquiry is done on prices of misconduct by a community servant, the Courtroom is concerned with analyzing whether or not the inquiry was held by a reliable officer or whether or not rules of natural justice are complied with. Whether the findings or conclusions are based upon some evidence, the authority entrusted with the ability to hold inquiry has jurisdiction, electric power, and authority to achieve a discovering of fact or conclusion. But that locating must be depending on some evidence. Neither the technical rules nor proof of a actuality or proof within the Stricto-Sensu, use to disciplinary proceedings. If the authority accepts that proof and summary get support therefrom, the disciplinary authority is entitled to carry which the delinquent officer is responsible on the demand, on the other hand, that's topic to your treatment supplied under the relevant guidelines and not usually, for The explanation that the Courtroom in its electric power of judicial review would not work as appellate authority to re-appreciate the proof and to arrive at its independent conclusions around the evidence.