1991 PLP (C (PLC(CS))

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 Appellate Authority was the Secretary Defence, Government of Pakistan. It is, inter alia, submitted by Mr. Abdul Ghaffar Siddqui, learned counsel for the petitioner, that Regulation 7.17(I) requires the Appellate Authority to consider the following matters while deciding the appeal:-- "(a) Whether the facts, on which the order appealed against was based, have been established; (b) Whether the facts established, afford sufficient ground for taking action and (e) Whether the penalty is excessive, adequate, or inadequate; and, after such consideration, shall confirm, and set aside or modify the impugned order."

4. We find from the order of tile Defence Secretary communicated to the petitioner that apparently the Appellate Authority had not taken the decision in appeal in the light of Regulation 7.17(1) of the Civil Aviation Authority Service Regulations. The order only informs the petitioner that his appeal has been rejected. Admittedly, it is not a speaking order.

5. In the circumstances, we are of the view that the order in appeal is liable to be set aside and the matter is to be remanded to the Appellate Authority, namely, the Chairman of the Civil Aviation Authority, who is the Secretary, Ministry of Defence, Government of Pakistan.

6. The order passed by the Chairman, Civil Aviation Authority, rejecting the appeal of the petitioner. is declared to have been passed without lawful authority and to be of no legal effect. The matter is remanded to the Chairman, Civil Aviation Authority to reconsider the appeal of the petitioner in the light of the Regulation 7.17(I) of the Civil Aviation Authority Service Regulation and pass a speaking order. The order in appeal should be announced within 3 months from today. There will be no order as to costs. H.B.T./M'-1329/K Order accordingly.