2011 SCMR 1436 (PLP)
ABDUL MAJEED — Petitioner Versus MANAGER, PIA, LAHORE and others — Respondents
| Citation | 2011 SCMR 1436 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khilji Arif Hussain and Mian Saqib Nisar, JJ |
| Parties | ABDUL MAJEED — Petitioner Versus MANAGER, PIA, LAHORE and others — Respondents |
| Primary Law | Pakistan International Airlines Corporation (Service and Discipline) Regulations, 1985 |
Q1: What are the key laws and sections cited in 2011 SCMR 1436 (PLP)?
This judgment primarily cites: Pakistan International Airlines Corporation (Service and Discipline) Regulations, 1985 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1436 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khilji Arif Hussain and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1436 (PLP) (ABDUL MAJEED — Petitioner Versus MANAGER, PIA, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aurangzeb Mirza, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner.
- Ch. M. Sharif, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Respondents.
- Date of hearing: 23rd June, 2011.
Headnotes / Summary
(Against the judgment dated 6-10-2010 passed by Lahore High Court, Lahore in ICA No. 128 of 2008).
R. 76
Constitution of Pakistan, Arts. 185(3) & 199
Constitution petition
Compulsory retirement from service without any show-cause notice
Order of Single Bench of High Court directing Authority to reinstate petitioner in service and hold regular enquiry, if any, against him
Intra Court Appeal filed by Authority accepted by Division Bench of High Court
Joint request by parties to Supreme Court for disposing of petition for leave to appeal with an observation that Authority might hold a regular inquiry against petitioner and pass order after hearing him within specified time
Supreme Court converted the petition into appeal and accepted the same accordingly without going into question as to whether constitutional petition was maintainable as Authority established under an Act had no statutory rules.
Judgment & Decree
KHILJI ARIF HUSSAIN, J.
The petitioner was compulsorily retired from the service of the respondent-department without serving any show-cause notice, filed writ petition before the Lahore High Court, whereby learned Single Judge in Chambers while accepting the writ petition directed the respondent-department to reinstate the petitioner into service and hold a regular inquiry, if any, against the petitioner after serving him the show-cause notice. The respondent-department filed Intra Court Appeal, which was accepted and the impugned judgment was set aside.
2. Having heard learned counsel for the parties, both the learned counsel stated that the petition may be disposed of with an observation that the respondent-department may hold a regular inquiry against the petitioner under Rule 76 of Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985 and pass the order after hearing the petitioner within two months and till that time, the petitioner may not be reinstated into service.
3. In view of joint request, made by the learned counsel for the parties and without going into the question, whether the respondent which is established under an Act despite even having no statutory rules, a writ petition is maintainable. The petition is converted into appeal and allowed with the direction that the respondent-department can hold a regular inquiry against the petitioner and pass an order within two months from the date of this order. If the respondent-department fails to pass any order within two months from the date of this order, the petitioner will be reinstated into service but subject to final outcome of the inquiry. S.A.K./A-39/SC Appeal accepted.