103 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Courtroom, Karachi Firstly, we'd address The difficulty of maintainability of the instant Petition less than Report 199 of your Constitution according to the doctrine of laches as this petition was filed in 2016, While the alleged cause of motion accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal treatment just immediately after involvement within the FIR lodged by FIA and in the intervening period of time the respondent dismissed him from service where by following he preferred petition No.
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The ICAP Employees Company Rules, 2011 had been framed from the respondent/Institute, these regulations might not provide the operates inside a apparent legal and regulatory framework on the respondent/Institute. fourteen. In check out of what has long been reviewed earlier mentioned, devoid of touching the merits of the case, the preliminary objection Limitations Act in DHA Karachi Pakistan regarding the maintainability in the petition is sustained as well as petition is held to generally be not maintainable regarding Article 199 of your Constitution for The rationale that non???statutory regulations of assistance can not be enforced by writ of mandamus when it comes to ratio in the judgment passed through the Supreme Courtroom in the case of Pakistan Electrical Electricity Firm supra. Read through additional
This Court may well interfere in which the authority held the proceedings towards the delinquent officer inside a method inconsistent with the rules of pure justice or in violation of statutory rules prescribing the manner of inquiry or wherever the conclusion or obtaining attained with the disciplinary authority relies on no proof. When the summary or getting is like no realistic human being might have ever attained, the Courtroom may well interfere Together with the conclusion or perhaps the finding and mildew the reduction to really make it proper for the facts of every scenario. In company jurisprudence, the disciplinary authority is the only real decide of information. Wherever the charm is presented, the appellate authority has coextensive power to re-enjoy the proof or the nature of punishment. Over the aforesaid proposition, we've been fortified by the decision of the Supreme Courtroom in the situation of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Examine a lot more
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