Law: Civil Aviation Authority Rules, 1994

Section: 342,343,375

Civil Aviation Rules, 1994--- -- Rr. 342, 343 & 375---Airline Transport Pilot License (ATPL), suspension of--- Show-cause notice--- Alternate remedy, non-availing of--- Delay in completion of investigation--- Effect--- Petitioner was aggrieved of issuance of show-cause notice and suspension of his Airline Transport Pilot License (ATPL) by Authority---Authority claimed that license qualifications of petitioner were doubtful and that an investigation was pending final decision--- Validity--- Petitioner could have filed appeal to Director-General of the Authority but he could not do so apparently for the reasons that he was not in Pakistan--- Absence of petitioner did not justify not availing right of appeal provided as statutory remedy--- Nothing was brought on record to show whether any inquiry or investigation was completed or any final order was passed in case of petitioner based on his own reply or suspension period was extended through any lawful order--- Suspension of license had come to an end under tenets and edicts of Civil Aviation Rules, 1994 after elapsing of statutory period--- High Court directed the Authority to complete investigation, if any, and pass final order in case of petitioner after providing ample opportunity of hearing to him---High Court also directed that renewal of ATPL license would be subject to final order of the Authority on show-cause notice---Constitutional petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This Constitution Petition has been brought to challenge the show-cause notice dated 02.01.2019 issued by the Additional Director Licensing on behalf of Licensing Authority, Civil Aviation Authority, Karachi to the petitioner due to alleged malpractice regarding ATPL examination. The Authority has suspended Airline Transport Pilot License (ATPL # 1690) of the petitioner and also called upon him to surrender his Original Airline Transport Pilot License (ATPL) in the office of Pakistan Civil Aviation Authority at the earliest. 2. The learned counsel for the petitioner argued that in the show-cause notice the petitioner was called upon to explain as to why disciplinary…

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