103 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh Higher Court docket, Karachi First and foremost, we'd address the issue of maintainability of the instant Petition less than Short article 199 from the Constitution depending on the doctrine of laches as this petition was submitted in 2016, whereas the alleged reason for motion accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal treatment just after involvement during the FIR lodged by FIA and from the intervening period of time the respondent dismissed him from service exactly where following he most popular petition No.
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This Court may possibly interfere in which the authority held the proceedings against the delinquent officer inside a manner inconsistent with The principles of purely natural justice or in violation of statutory guidelines prescribing the method of inquiry or wherever the summary or locating achieved from the disciplinary authority is predicated on no evidence. If the conclusion or locating is for example no acceptable person would've ever reached, the Court docket may interfere Together with why not look here the summary or even the obtaining and mildew the reduction to make it acceptable into the info of each and every situation. In company jurisprudence, the disciplinary authority is the only real judge of specifics. Wherever the appeal is offered, the appellate authority has coextensive electric power to re-appreciate the proof or the nature of punishment. On the aforesaid proposition, we have been fortified by the decision from the Supreme Court docket in the situation of Ghulam Murtaza Shaikh v. Main Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Purchase: Downloads 277 Get Date: 24-JAN-twenty five Authorised for Reporting WhatsApp
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