Case Details

Citation(s)
2007 SLG 2032 2007 SLD 2032 2007 PLC 785
Federal Service Tribunal, Islamabad
Appeal No.616(K)(C.E.) of 2003, decision dated: 29-11-2004.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS

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JAVED AHMED

VS

CIVIL AVIATION AUTHORITY through Chairman and another JAVED AHMED vs CIVIL AVIATION AUTHORITY through Chairman and another

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 5, 11 & 12---Service Tribunals Act (LXX of 1973), S.4---Civil Aviation Authority Service Regulations, Regln. No.5.27---Compulsory retirement---Appeal---Major penalty of compulsory retirement was imposed upon appellant on certain allegations under Regln.5.27 of Civil Aviation Authority Service Regulations after issuing him show-cause notice and hearing him personally---Validity---Removal from Service (Special Powers) Ordinance, 2000 being in force at the time when disciplinary. proceeding were initiated against appellant under Regln.5.27 of Civil Aviation Authority Service Regulations, proceedings against appellant were illegal, ab initio null and void because provisions of Ss.11 & 12 of Removal from Service (Special Powers) Ordinance, 2000 had overriding effect on any other law for the time being in force---Impugned orders passed against appellant were set aside and he was reinstated in service and case was remanded for de novo proceedings against appellant strictly in accordance with relevant law on the basis of same allegations. 2003 SCMR 1718 = 2003 PLC (C.S.) 1304; 2003 PLC (C.S.) 600 and 2004 PLC (C.S.) 1615 ref. Munawar Hussain for Appellant. Sanaullah Noor Ghouri for Respondents. Date of hearing: 7th October, 2004. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER.)--The appellant had been serving the respondent No.1 as Senior Facilitation Officer, when following show-cause notice was issued to him:-- "Civil Aviation Authority, (Headquarters) Terminal-I, Jinnah International Airport, Karachi Ref..HQCAA/0558/2404/209/HR Dated 14 April, 2003. Show-cause notice-Personal hearing. (1) Your service record placed before me indicates that you were appointed as Facilitation Officer in PG-8 on 10th May, 1983 and were promoted as Senior Facilitation Officer in PG-9 w.e.f. 23rd April, 1991. Since your appointment in CAA you have been on different assignments and held a variety of position. hi the performance of your duties, a number of glaring complaints from various quarters have been received which show your attitude towards service and uncalled for behaviour which also includes your…
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