Case Details

Citation(s)
1995 SLG 1489 1995 SLD 1489 1995 PLC 822
Federal Service Tribunal, Islamabad
Appeal No. 72(L) of 1990, decided on 14th February, 1991.
KHAWAJA ABDUL, JALIL AND CH. HASAN NAWAZ, MEMBERS

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RUBINA SHAHZADI

VS

MANAGING DIRECTOR, PIAC, KARACHI and another

Law:

Section:

Pakistan International Airlines Corporation (Service and Discipline) Regulations, 1985--- ----Cl. 75(a)---Dismissal from service---Appellant, a Female Cabin Crew, undertook to serve as an air-hostess for a period of five years and got necessary training and entered into a bond---One of the conditions of the bond was that appellant would not get married during said period except with permission of authorities otherwise she would be liable to dismissal from service and to pay cost of training amounting to Rupees forty thousands---Before expiry of period of five years appellant informed the authorities that she had entered into a Nikah with a person---First wife of said person also made a complaint to the PIA Corporation---Inquiry was held against appellant and Inquiry Officer found her guilty for violating Administrative Order 59 of 1982 and also of misconduct---Appellant was dismissed from service and also she was asked to pay cost of training---Appellant in her departmental appeal stated that she had only entered into Nikah and not consummated marriage----Nothing on record was available to show that marriage had not been consummated ---Nikah under Muhammadan Law amounted to marriage for all intents and purposes as a Muhammadan wife could not refuse her person to husband except at risk of disregarding the Quranic injunctions---Appellant having herself admitted fact of entering into Nikah had not only infringed rules/Administrative order as also the commitment given in the Bond executed by her at the time of offering herself for training--­Order passed against appellant was, however, upheld---Punishment of dismissal from service appeared to be rather harsh and same was ordered to be substituted with removal from service to meet ends of justice---Recovery of cost of training was also waived off. 1972 SCMR 173 and PLD 1978 SC 190 ref. Syed Jamshed Ali for Appellant. Akhtar Hussain Awan, Barrister with Waqar Hussain Naqvi Law Officer, PIA, D.R. for Respondents. Date of hearing: 24th January, 1991. JUDGMENT CH. HASAN NAWAZ (MEMBER).---This appeal under section 4 of the Service Tribunals Act, 1973 was filed by the appellant on 22-3-1990 is the background of following…
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