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Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, as being the criminal Court hasn't convicted the petitioner, fairly he has long been acquitted of the criminal charges based on evidence and it's effectively-settled legislation that once the civil servant is acquitted while in the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment by the department and held him disqualified for your post because acquittal for all foreseeable future purposes. The aforesaid proposition has actually been set at naught from the Supreme Court of Pakistan in the case of the District Police Officer Mainwali and a couple of others v.
Generally speaking, higher courts don't have direct oversight over the lessen courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments on the reduce courts.
All executive and judicial authorities throughout Pakistan are obligated to act in help in the Supreme Court, ensuring the enforcement of its judgments. Because the Supreme Court will be the final arbitrator of all cases where the decision continues to be arrived at, the decision of your Supreme Court needs being taken care of as directed in terms of Article 187(2) from the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons getting their character over board, free from any moral stigma, are to become inducted. Verification of character and antecedents case law on maintenance in pakistan is actually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do absent with the candidature of your petitioner. Read more
10. Without touching the merits on the case of your issue of annual increases inside the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, these types of once-a-year increase, if permissible in the case of employees of KMC, demands further assessment being made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's nicely-settled that the civil servants must first pursue internal appeals within 90 days. If the appeal is not really decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times to the department to act has already expired. About the aforesaid proposition, we've been guided because of the decision of the Supreme Court from the case of Dr.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information being gathered through the parties – specifically regarding the issue of absolute immunity.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of regulation.
Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may possibly request remedies through the civil court process as discussed supra. Read more