Pakistan Case Law
2011 SCMR 1436

ABDUL MAJEED Versus MANAGER, PIA, LAHORE

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Citation2011 SCMR 1436
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 2045-L of 2010
Date2011-06-23
Judge(s)Khilji Arif Hussain and Mian Saqib Nisar
Authored byKhilji Arif Hussain
ResultAppeal accepted

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.

S.A.K./A-39/SC Appeal accepted.

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