Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Wellness Science and Many others Sindh High Court docket, Karachi SHC Citation: SHC-225471 Tag:Coming to the principle situation, Additionally it is a effectively-proven proposition of regulation that when an inquiry is performed on costs of misconduct by a community servant, the Court is concerned with identifying whether the inquiry was held by a reliable officer or irrespective of whether guidelines of natural justice are complied with. Whether or not the results or conclusions are based upon some proof, the authority entrusted with the ability to hold inquiry has jurisdiction, ability, and authority to achieve a obtaining of actuality or conclusion. But that obtaining should be based on some proof. Neither the specialized rules nor evidence of a actuality or proof during the Stricto-Sensu, utilize to disciplinary proceedings. In the event the authority accepts that evidence and summary acquire guidance therefrom, the disciplinary authority is entitled to hold the delinquent officer is responsible of the demand, even so, that is definitely subject to the process supplied beneath the applicable principles and never otherwise, for the reason that the Courtroom in its electrical power of judicial overview doesn't work as appellate authority to re-take pleasure in the proof and to reach at its independent conclusions on the proof.
The Courtroom may perhaps situation a writ of prohibition to prohibit the authority from acting in surplus of its jurisdiction. This writ is Generally issued by a remarkable court to your decrease court docket inquiring it not to commence using a case which does not fall underneath its jurisdiction.
14. In the light in the posture spelled out above, it's concluded that a civil servant provides a essential appropriate to be promoted even immediately after his retirement by awarding proforma marketing; delivered, his appropriate of marketing accrued all through his services but could not be regarded for no fault of his individual and meanwhile he retired on attaining the age of superannuation with none shortcoming on his component about deficiency inside the length of provider or in the shape of inquiry and departmental action was so taken in opposition to his suitable of promotion. Read much more
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