Case Details

Citation(s)
1991 SLG 1585 1991 SLD 1585 1991 PLC 384
Sindh High Court
Constitutional Petition No. D-322 of 1989, decision dated: 13-11-1990.
NASIR ASLAM ZAHID AND MUHAMMAD ASLAM ARAIN, JJ

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MUHAMMAD ILYAS

VS

CIVIL AVIATION AUTHORITY and 2 others

Law:

Section:

Civil Aviation Authority Service Regulations... ----RegIn. 7.17(1)---Termination of services---Appeal---Appellate Authority had not decided appeal against order of Authority below terminating services of petitioner/employed in light of Regln. 7.17(1)---Order of Appellate Authority communicated to employee indicated that his appeal had been rejected ---Non-­speaking order passed by Appellate Authority in violation of Regulation, was set aside being illegal. Dates of hearing: 12th and 13th November, 1990. JUDGMENT NASIR ASLAM ZAHID, J.--Services of the petitioner, an employee of the Civil Aviation Authority, a statutory body, were terminated as punishment on account of misconduct alleged against the petitioner. The petitioner filed an appeal before the competent authority, which in this case, was the Secretary Defence, Government of Pakistan. The appeal was dismissed. Being aggrieved, the petitioner has filed this Constitution petition. 2. We have heard Mr. Abdul Ghaffar Siddiqui, Advocate for the petitioner and Mr. Nasrullah Awan. Advocate for the respondent. Mr. Abdur Razzak Ismail, Deputy Manager (Legal), Civil Aviation Authority, has also been present during the hearing. 3. Learned counsel for the petitioner has relied upon the Civil Aviation Authority Service Regulations, which govern the terms and conditions of the employees of the CA.A. Under the Regulations, if any disciplinary action is taken against an employee, normally an enquiry is held and thereafter further action is taken against the concerned employee. In exceptional circumstances, however, holding of an enquiry can be dispensed with, in which case a show-cause notice has to be issued to the employee by the authorised officer informing the employee of the specific charges against him and the penalty proposed to be inflicted upon him and after considering his reply and if necessary, granting a personal hearing, the authorised officer can take a decision and make his recommendation to the competent authority, whereupon final orders are passed by the competent authority, which orders can be challenged in appeal before the Appellate Authority. As observed earlier, in this case, the…
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