This Court docket might interfere exactly where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of normal justice or in violation of statutory procedures prescribing the method of inquiry or where by the conclusion or getting arrived at because of the disciplinary authority is based on no proof. In the event the conclusion or discovering is for instance no sensible particular person might have ever attained, the Courtroom may well interfere Using the summary or maybe the obtaining and mildew the reduction to make it appropriate on the details of each and every circumstance. In support jurisprudence, the disciplinary authority is the sole choose of details. In which the appeal is offered, the appellate authority has coextensive electrical power to re-appreciate the proof or the nature of punishment. Within the aforesaid proposition, we've been fortified by the choice with the Supreme Court docket 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) Supply: Buy: Downloads 276 Buy Date: 24-JAN-25 Authorised for Reporting WhatsApp
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Therefore, this petition is identified being not maintainable which is dismissed combined with the pending application(s), and the petitioners may possibly look for solutions with the civil court docket process as talked over Get the facts supra. Browse far more
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The Superior visit the website Courts in Pakistan also help this viewpoint. In all matters, aggrieved human being can avail the statutory solution of Attractiveness or Revision, which isn't some instances satisfactory, successful, efficacious, easy, beneficiary and expeditious. In such predicaments the aggrieved social gathering can avail the extra regular solution by invoking constitutional jurisdiction on the High Court docket or Supreme Court, which is clearly fast and successful cure and foster the justice. These situations occasionally overlap or conflict with each other.
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