| Citation(s) |
|---|
| 2013 SLG 1980 2013 SLD 1980 2013 PLC 1375 |
Sindh High Court
Constitutional Petition No.D-1505 of 2007, decision dated: 22-05-2012.
MAQBOOL BAQAR AND MUHAMMAD SHAFI SIDDIQUI, JJ
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Constitutional Petition No.D-1505 of 2007, decision dated: 22-05-2012.
MAQBOOL BAQAR AND MUHAMMAD SHAFI SIDDIQUI, JJ
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Syed ARIF RAZA RIZVI
VS
FEDERATION OF PAKISTAN through Secretary Defence and 2 others Syed ARIF RAZA RIZVI vs FEDERATION OF PAKISTAN through Secretary Defence and 2 others
Law:
Section:
Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 4, 5 & 8---Constitution of Pakistan, Art.199---Constitutional petition---Dismissal from service---Petitioner was flight-steward and he and his colleague airhostess were proceeded against for carrying contraband items---Inquiry Officer held petitioner guilty and exonerated the airhostess, resultantly petitioner was dismissed from service---Validity---Though airhostess was also accused of the charge as was the petitioner, however, she was exonerated of the charge without there being any distinction in evidence pertaining to petitioner and co-accused---Neither inventory of contraband bore signatures of petitioner nor he was in fact asked to sign the same---If petitioner had purchased contraband from duty free shop at the airport, it would not have been difficult for respondent Corporation to obtain some material / evidence to that effect---Management or Captain of airplane, at whose stance petitioner was proceeded against, failed to prove allegation against petitioner---Purported action drawn by Inquiry Officer, who was not competent to hold inquiry, was misconceived, untenable, mala fide and unfounded rather contrary to facts/evidence on record---Petition was allowed in circumstances. PIAC v. Tanweer-ur-Rehman and others PLD 2010 SC 676; Hyderabad Electric Supply Company v. Mushtaq Ali Brohi 2010 PSC 1392; Civil Aviation Authority v. Javed Ahmed 2009 PLC (C.S.) 679; Shahid Mehmood Usmani v. House Building Finance Corporation 2010 PLC (C.S.) 1360 and Masood Ahmed Bhatti and others v. Federation of Pakistan and others 2012 PLC (C.S.) 470 ref. Chaudhary Muhammad Ashraf Khan for Petitioner. Khalid Javed for Respondents. Date of hearing: 22nd May, 2012. ORDER MAQBOOL BAQAR, J.--- The petitioner, who was a Group-V employee of Pakistan International Airline Corporation, the respondent No.2, and was serving as a Flight Steward, has through the instant petition challenged the order dated 15-2-2007, whereby the Deputy Managing Director of respondent No.2 Corporation dismissed him from service of the Corporation under Removal from Service (Special Powers) Ordinance, 2000. 2. The brief facts of…
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