| Citation(s) |
|---|
| 2018 SLG 2406 2018 SLD 2406 2018 SCMR 1944 |
Supreme Court of Pakistan
Civil Appeals Nos. 144-K and 145-K of 2016, decision Dated: 06-09-2018. Date of hearing: 12-06-2018. (Against the judgment Dated 02.11.2015 passed by High Court of Sindh, Karachi in C.P. No. D-1595 of 2005)
MUSHIR ALAM, FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, JUSTICE
Khalid Javed, Advocate Supreme Court for Appellants (in C.A. No.144-K of 2016). Salahuddin Ahmed, Advocate Supreme Court for Appellant (in C.A. No. 145-K of 2016). Salahuddin Ahmed, Advocate Supreme Court for
Respondent (in C.A. No.144-K of 2016). Khal
Civil Appeals Nos. 144-K and 145-K of 2016, decision Dated: 06-09-2018. Date of hearing: 12-06-2018. (Against the judgment Dated 02.11.2015 passed by High Court of Sindh, Karachi in C.P. No. D-1595 of 2005)
MUSHIR ALAM, FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, JUSTICE
Khalid Javed, Advocate Supreme Court for Appellants (in C.A. No.144-K of 2016). Salahuddin Ahmed, Advocate Supreme Court for Appellant (in C.A. No. 145-K of 2016). Salahuddin Ahmed, Advocate Supreme Court for
Respondent (in C.A. No.144-K of 2016). Khal
PAKISTAN INTERNATIONAL AIRLINES CORPORATION AND ANOTHERS
VS
ZAEEM AZIZ QURESHI AND ANOTHER
Law: Removal from Service (Special Powers) Ordinance (XVII of 2000)
Section: 3(1),8
Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3(1) & 8---Employee of National Airline Corporation ('Corporation')---Financial impropriety---Compulsory retirement from service---Competent authority---Independent decision/opinion of competent authority---Scope---Plea of employee that the decision to compulsorily retire him from service was not taken independently by the competent authority/Chairman---Validity---Decision was taken by the Chairman and CEO in presence of the other members of the Board of Directors and minutes of the meeting were duly signed by the Chairman and CEO---Even otherwise the Chairman had independently endorsed the decision of compulsory retirement of employee at the footnote of the minutes of the meeting, which was substantial compliance of subsection (1) of S. 3 of the Removal from Service (Special Powers) Ordinance, 2000---Employee was not able to point out any prejudice caused to him by the order of competent authority taken in the Employee Leadership Team meeting, meaning thereby the decision was even concurred by a larger and higher forum, and was communicated by H.R. Manager which practice was common in a corporate environment---Even in the representation made by the employee impugning decision of the competent authority he admitted that order was made by a competent authority---Appeal was allowed accordingly. Maharashtra State Mining Corporation v. Sunil son of Pundikarao Pathak (2006) 5 Supreme Court Cases 96; GOA Shipyard Ltd. v. Babu Thomas (2007) 10 Supreme Court Cases 662 and Balbir Chand v. Food Corporation of India Ltd. (1997) 3 Supreme Court Cases 371 ref. THIS JUDGMENT DELIVERED BY: MUSHIR ALAM, JUSTICE:---.--- Civil Appeal No. 144-K of 2016 Both these instant appeals arises out of common leave granting order dated 22.(sic.).2016 arising out of a common judgment dated 02.11.2015 passed by a learned Division Bench of the High Court of Sindh, Karachi in Constitution Petition No. D-1595 of 2006 whereby Zaheem Aziz Qureshi respondent in Civil Appeal No. 144-K of 2016 since reported as Zaeem Aziz Qureshi v. PIAC (2016 PLC (C.S.) 272) in first mentioned appeal had challenged order dated 24.5.2006…
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