ABDUL MAJEED vs MANAGER, PIA, LAHORE and others
The petitioner, a former employee of the Pakistan International Airlines Corporation, challenged his compulsory retirement, which was executed without the issuance of a show-cause notice. While the Lahore High Court initially ordered his reinstatement pending a regular inquiry, an Intra-Court Appeal subsequently set aside this judgment. Upon reaching the Supreme Court, both parties consented to a resolution allowing the respondent-department to conduct a regular inquiry into the petitioner's conduct. The Supreme Court, without determining the maintainability of a writ petition against the respondent, converted the petition into an appeal and directed the department to complete the inquiry and pass a final order within two months. The Court held that if the department fails to conclude the inquiry and issue an order within this stipulated timeframe, the petitioner shall be reinstated into service, subject to the final outcome of the inquiry proceedings. This judgment emphasizes the necessity of adhering to procedural fairness through regular inquiry processes in service disciplinary matters.
- Can an employee be reinstated into service if the employer fails to complete a disciplinary inquiry within a court-mandated timeframe?
- Is a regular inquiry required before compulsorily retiring an employee under the Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985?
- Rule 76, Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985
ORDER
' 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.