| Citation(s) |
|---|
| 1993 SLG 1343 1993 SLD 1343 1993 PLC 479 |
Federal Service Tribunal, Islamabad
Appeal No. 122(K) of 1987, decided on 16th June, 1991.
SYED ALLY MADAD SHAH, CHAIRMAN AND MISBAH ULLAH KHAN, MEMBER
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Appeal No. 122(K) of 1987, decided on 16th June, 1991.
SYED ALLY MADAD SHAH, CHAIRMAN AND MISBAH ULLAH KHAN, MEMBER
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EJAZ M. KHAN
VS
MANAGING DIRECTOR, PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
Law:
Section:
Pakistan International Airlines Corporation Act (XIX of 1956)--- ----S. 10---Service Tribunals Act (LXX of 1973), S. 4---Acceptance of resignation of employee---Employee alleging such resignation under duress--Validity ---Employee putting in resignation in the situation that he was being proceeded against under disciplinary proceedings which could entail his removal from service---Employee holding a responsible post could have resisted, if resignation was sought from him under duress---Even if employee's versions were to be believed that he was given option of facing removal from service or tendering resignation, it could not be a case of duress or coercion but he was rather given a fair chance after affording him hearing in person, of escaping proposed punishment of removal from service by tendering resignation as to himself from a blot on his service career---No evidence however, wits brought on record to prove that employee was either forced or coerced to submit resignation---Employee was found not entitled to any relief. Raja Qureshi for Appellant. S. Mahmoodul Hassan for Respondent.' Dates of hearing: 30th April and 2nd May, 1991. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Ejaz M. Khan was serving a; a Manager with the Pakistan International Airlines Corporation (PlAC) when: his service reached its end by acceptance of his resignation by the Managing Director on 10-2-1987. He preferred appeal to the Chairman, PIAC on 26-2-1987 for review of the action taken against him alleging that he was forced to resign. He was informed under letter dated 12-8-1987 that his appeal was not accepted. He then preferred this appeal on 17-9-1987. 2. The case of the appellant is that he was falsely involved in much publicized scandal of fraudulent/dubious conversion of "MCOs" (Miscellaneous Charges Orders) issued by M/s. Pakistan Travel Dublin and accepted by the Karachi Booking Office in the year 1982, when he was District Manager of Karachi. To his surprise, he received a letter dated 6-11-1985 from the General Manager (Investigations) to answer a questionnaire annexed with the letter and another questionnaire in the year 1986 and he submitted his answers…
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