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Latest Judgments (All Jurisdictions within Pakistan)

MCB ARIF HABIB SAVINGS INVESTMENTS LIMITED VS COMMISSIONER SCD SECURITIES EXCHANGE COMMISSION OF PAKISTAN

Citation: 2017 CLD 1329

Case No: APPEAL No. 34/2016

Judgment Date: 03-02-2017

Jurisdiction: SECP

Judge: Justice Tahir Mahmood

Summary: Summary pending.

QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION OF THE COMMONWEALTH ELECTORAL ACT CTH CONCERNING SENATOR RODNEY NORMAN CULLETON IN THE MATTER OF

Citation: 2017 SCMR 493

Case No: [2017] HCA 4

Judgment Date: 03-02-2017

Jurisdiction: HIGH COURT OF AUSTRALIA

Judge: Justice

Summary: Summary pending.

ABID MASIH VS THE STATE

Citation: 2017 PCrLJ 1053

Case No: CRL. APPEAL No. 440-J AND MURDER REFERENCE No. 417/2013

Judgment Date: 03-02-2017

Jurisdiction: Lahore High Court

Judge: Justice Sadaqat Ali Khan

Summary: Summary pending.

Mehr Iqbal Siddiqui (Petitioner) V/S Federation of Pakistan and another (Respondent)

Citation: 2017 SBLR Sindh 1046, 2017 SBLR Sindh 1419

Case No: 6234/2014 Const. P.

Judgment Date: 03/02/2017

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: Service matters (Regularisation of Employee), Service matters (Reinstatement into Service) --- This summary addresses a judgment from the High Court of Sindh, Karachi, where the petitioner, Mehar Iqbal Siddiqui, sought relief against the Federation of Pakistan and others, challenging the legality of an order issued by Respondent No.2 regarding his service regularization, seniority, and promotion within the Karachi Port Trust (KPT). The judgment, delivered by Justices Adnan-ul-Karim Memon and Irfan Saadat Khan, primarily hinged on the principles of ad-hoc appointments, regularization, seniority, and promotion within the framework of statutory service rules.The petitioner's main grievances included the request for regularization of his service from the date of his initial induction as a Trainee Officer on an ad-hoc basis on November 28, 1989, assignment of seniority and promotion to BS-18 from the date he assumed the charge of a vacancy, and consideration for further promotion in line with KPT's rules and the superior courts' directives. The case also involved the contention of seniority between the petitioner and Respondent No.3, where the latter was allegedly promoted despite being junior and lacking the requisite qualifications.The court examined the maintainability of the petition under Article 199 of the Constitution and the applicability of Karachi Port Trust Officers Recruitment, Appointment, Seniority, and Promotion Regulations-2011. It was determined that the petition was maintainable and that the matters of regularization and promotion needed to be assessed on merit.In its judgment, the court underscored established legal principles regarding ad-hoc appointments, stating that such appointments do not confer vested rights for regularization from the date of induction or for counting towards seniority. It was further clarified that promotions are contingent upon eligibility, fitness, and vacancy, and do not constitute a fundamental right.The court found that the petitioner's service was regularized effectively from June 1, 1991, and his promotion to BS-18 on August 16, 2008, was in line with the applicable rules. It held that the petitioner was not entitled to seniority or promotion from the dates of his ad-hoc appointment or the assumption of acting charge, dismissing the petition and all related applications.This judgment reiterates the legal stance on ad-hoc appointments, regularization, and promotion within public service, emphasizing the importance of following due process and statutory regulations in matters of employment and career progression within public institutions.

Muhammad Aijaz Akhtar (Petitioner) V/S Director Bank Controller State Bank of Pakistan and others (Respondent)

Citation: 2017 SBLR Sindh 1046

Case No: 608/2017 Const. P.

Judgment Date: 03/02/2017

Jurisdiction: Sindh High Court

Judge: Hon'ble Mr. Justice Adnan-ul-Karim Memon

Summary: Service matters (Reinstatement into service)

Rasheed Ahmad v. Federation of Pakistan thr. Secretary M/o Infomation, Broadcasting and National Heritage, Islamabad & others

Citation: PLD 2017 SC 121, 2017 SCP 21

Case No: C.A.1216/2015

Judgment Date: 03/02/2017

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Qazi Faez Isa

Summary: The appellant committed misconduct because in his position as Secretary to the Ministry of Information and Broadcasting he recommended himself to be appointed as Chairman PEMRA without specifically disclosing his personal interest and while being in Government service did not obtain the prior written permission before applying for the post----The case involves the removal of the appellant from the position of Chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA) due to allegations of misconduct. The appellant challenged his removal through various legal channels, including filing writ petitions. Initially, the Islamabad High Court ruled in favor of the appellant, but a Divisional Bench later accepted an intra-court appeal from the government, resulting in the dismissal of the appellant's petition. The appellant argued that his removal was illegal because he was appointed for a fixed term and could only be removed for specific reasons, such as misconduct. He claimed that the government's actions violated principles of natural justice and constitutional provisions. The government defended its actions, stating that the appellant was provided with multiple opportunities to defend himself during the inquiry process. It argued that the appellant's appointment itself was irregular and violated established procedures. The court upheld the dismissal of the appellant's petition, finding that the government had followed due process and that the appellant's appointment was irregular. The court also highlighted the wasteful use of public resources in the appellant's engagement of private counsel rather than relying on government-appointed legal officers. Badshah Gul Wazir v. Government of Khyber Pakhtunkhwa (2015 SCMR 43): This case pertained to the removal of an Ombudsman without valid reasons. The court held that the individual's tenure could not be curtailed arbitrarily, highlighting the importance of respecting fixed terms of office. Muhammad Ashraf Tiwana v. Pakistan (2013 SCMR 1159): This case involved the removal of a civil servant and addressed the principles of natural justice and due process in administrative proceedings. Muhammad Yasin v. Federation of Pakistan (PLD 2012 SC 132): The court in this case emphasized the importance of protecting public resources from waste and malversation, highlighting the duty of the state to use resources efficiently.The court issued directives to various government departments to ensure that engagement of private counsel is justified by compelling reasons and complies with established procedures, warning against financial impropriety in paying private counsel fees on behalf of the government.

Messrs SHIFA INTERNATIONAL HOSPITAL ISLAMABAD vs COMMISSIONER OF INCOME TAX/WEALTH TAX ISLAMABAD Civil Petition No2640 of 2016 decided on 2nd February 2017

Citation: PLD 2017 Supreme Court 134

Case No: Case37954

Judgment Date: 02/02/2017

Jurisdiction: Supreme Court of Pakistan

Judge: Mian Saqib Nisar, C.J., Ejaz Afzal Khan and Umar Ata Bandial, JJ

Summary: Summary pending

MAZHAR IQBAL POULTRY FARM VS ENVIRONMENTAL TRIBUNAL LAHORE

Citation: 2017 CLD 1054

Case No: APPEAL No. 785/2011

Judgment Date: 02-02-2017

Jurisdiction: Lahore High Court

Judge: Justice Ayesha A

Summary: Summary pending.

MESSRS ISM HOSPITAL THROUGH AUTHORIZED PERSON VS PROVINCE OF SINDH THROUGH CHIEF SECRETARY

Citation: 2017 CLC 1023

Case No: C. P. No. D-4490/2013

Judgment Date: 02-02-2017

Jurisdiction: Sindh High Court

Judge: Justice Nadeem Akhtar

Summary: Summary pending.

MUHAMMAD ASIF VS FEDERATION OF PAKISTAN

Citation: 2017 CLC 767

Case No: I. C. A. No. 1137/2016

Judgment Date: 02-02-2017

Jurisdiction: Lahore High Court

Judge: Justice Ayesha A

Summary: Summary pending.

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