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2010 PLC (C.S.) 724

SITWAT SALEEM vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION and 6

Citation2010 PLC (C.S.) 724
CourtLahore High Court
Case No.Intra-Court Appeal No,129 of 2010
Date2010-04-27
Judge(s)Muhammad Farrukh Irfan Khan, Sh. Azmat Saeed
ResultOrder accordingly

ORDER

This appeal under section 3 of the Law Reforms Ordinance is directed against the order dated 2-3- 2010, whereby a constitutional petition filed by the present appellant was dismissed.

2. Brief facts necessary for adjudication of the lis at hand are that the appellant is employed as an Air Hostess with respondent No,1- Corporation, who was served with a letter dated 21-1-2010, whereby on account of alleged refusal to accept the change in duty pattern, she was directed to tender her unconditional apology, otherwise disciplinary proceedings would be initiated against her and it was further stated in the said letter that she will remain removed from all international flights till finalization of the case. The appellant challenged the same through a constitutional petition which was dismissed, vide the order impugned dated 2-3-2010.

3. The counsel for the parties have been heard and record perused.

4. The guaranteed counsel for the petitioner contends that being deprived of international flights causes pecuniary disadvantage to the appellant who has been punished without any hearing or inquiry. The counsel for the respondents states that all Air Hostesses are subjected to transfer from.

International to domestic flights and vice versa. It is further contended by the learned counsel for the respondents that an inquiry is being initiated against the appellant which should not be interfered with.

5. This Court is not persuaded to interfere with the inquiry proceedings which is being initiated by the respondents in this behalf nor is this Court persuaded to interfere in the management of the respondent-Corporation regarding transfer from a particular flight to another. However, the appellant cannot be punished by being deprived of international flights without such inquiry being concluded.

6. In this view of the matter, this appeal is disposed of with the instruction that the appellant shall be dealt with strictly in accordance with law and not be punished by being deprived of international flights without the inquiry being concluded. However, nothing in this order shall interfere with the regular or ordinary transfer policy of the Corporation in this behalf.

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