103 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh Significant Court, Karachi At first, we'd address The problem of maintainability of the moment Petition less than Post 199 with the Constitution dependant on the doctrine of laches as this petition was submitted in 2016, Whilst the alleged explanation for motion accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just just after involvement from the FIR lodged by FIA and from the intervening interval the respondent dismissed him from company exactly where after he desired petition No.
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This Courtroom may click here for info perhaps interfere where by the authority held the proceedings versus the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory policies prescribing the manner of inquiry or wherever the conclusion or obtaining reached from the disciplinary authority is based on no evidence. When the summary or locating is which include no realistic man or woman might have ever reached, the Courtroom may possibly interfere with the conclusion or perhaps the acquiring and mould the aid to really make it correct towards the information of each and every situation. In provider jurisprudence, the disciplinary authority is the sole choose of facts. Wherever the attraction is offered, the appellate authority has coextensive electric power to re-respect the proof or the nature of punishment. Over the aforesaid proposition, we have been fortified by the decision on the Supreme Courtroom in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Get: Downloads 277 Get Date: 24-JAN-25 Authorised for Reporting WhatsApp
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