14. In The sunshine of your posture described previously mentioned, it's concluded that a civil servant provides a basic ideal to get promoted even after his retirement by awarding proforma advertising; delivered, his correct of promotion accrued in the course of his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation with no shortcoming on his part about deficiency while in the duration of company or in the shape of inquiry and departmental action was so taken versus his proper of advertising. Read through additional
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Make a difference:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Well being Science and Some others Sindh Higher Courtroom, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It is additionally a well-founded proposition of law that when an inquiry is carried out on charges of misconduct by a community servant, the Court is worried about determining if the inquiry was held by a reliable officer or whether or not procedures of purely natural justice are complied with. Whether the conclusions or conclusions are according to some proof, the authority entrusted with the power to hold inquiry has jurisdiction, ability, and authority to reach a acquiring of truth or summary. But that locating needs to be based upon some evidence. Neither the specialized rules nor proof of the simple fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get aid therefrom, the disciplinary authority is entitled to hold which the delinquent officer is responsible from the cost, having said that, that is issue for the technique supplied under the pertinent policies rather than or else, for The key reason why which the Courtroom in its power of judicial evaluation doesn't act as appellate authority to re-take pleasure in the evidence and to reach at its independent results about the proof.