This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the dismissal of the petitioner as Fire Operator.
2. Briefly, the facts are that the petitioner was allegedly found in possession of narcotics. A case F.I.R. No, 42/38 was registered against him on 19-12-1986 with Police Station South Cantt. In consequence, the Group Captain, Civil Aviation Authority (Punjab), vide order No, ZML/3329/1/Admin., dated 20-2-1986 suspended him from duty w,e,f, 19-2-1986 under the provisions of CAA Regulations 7-14 Chapter 7. However, the petitioner was acquitted in the criminal case by the trial Magistrate vide order dated 21-1-1987 under section 249-A, Cr.P.C. Thereafter, the petitioner was charge-sheeted on 29-1-1987 on the same allegations which form the subject- matter of the criminal trial. The petitioner in his reply to the said charge-sheet submitted a reply dated 3-2-1987 wherein he did not contest the charges on merits, but took the plea that Departmental proceedings could not be initiated against him in view of his acquittal from the criminal Court. Subsequently the petitioner was directed to appear before the Inquiry Committee vide notice of inquiry dated 8-2-1987. Before the commencement of the inquiry, the petitioner was issued another show-cause notice dated 2-4-1987 to the effect that he was suspended from service w,e,f, 19-2-1986 and after his release on bail he remained absent from duty without leave or permission from the competent authority as required under Regulation 7.14(3) of CAA Service Regulations. The petitioner submitted his reply dated 8-4-1987, denying therein the allegations of absence and inter alia took the plea that he attended the office daily and observed the full office hours, but was not allowed to mark attendance during the suspension period from 19-2-1986 to 2- 4-1987 and that he did not attend the office on the days on which he appeared in the Court of law.
The petitioner duly participated in the inquiry proceedings. The Inquiry Committee on completion of the inquiry and after perusing the statements on record found him guilty of the charges. In consequence, the Senior Administration Officer (Authorised Officer) vide his letter dated 19-7-1987 informed the competent authority, namely, the Zonal Manager, Punjab, Lahore Airport, that the petitioner never reported on duty after his release on 4-2-1986 and that he reported for duty on 24- 1-1987 only after his acquittal by the Court vide order dated 27-1-1987. The absence of the petitioner was wilful and not due to any other functionary of the Civil Aviation Authority, Lahore Airport. Inter alia on these findings, the petitioner was found guilty for absence from duty for a period of 11 months i,e, 24-2-1986 to 24-1-1987. This led to the dismissal order dated 11-8-1987 passed by the Zonal Manager (Punjab), CAA under Regulation 7.04(b) (iv) of CAA Regulations w,e,f, 16-8-1987. The petitioner filed appeal against this order on 7-12-1987 which was also rejected by the Departmental Appellate Authority under intimation to the petitioner on 11-1-1988. The departmental record produced by Mr. Sajid Bashir, Zonal Legal Officer reveals that no opportunity was provided to the petitioner before dismissing the appeal by the Appellate Authority. Furthermore, the appeal was not dismissed as time-barred simpliciter but on merits. On this short ground alone, the order of the departmental authority is liable to be quashed.
3. When confronted with this, the learned Additional Advocate-General made a statement at the bar that the Departmental Appellate Authority shall hear and dispose of the appeal of the petitioner afresh on merits and after providing an opportunity of being heard. The stand now taken by the learned Additional Advocate-General is not only laudable, but just and fair. I am also inclined to hold that the petitioner ought to have been heard by the Appellate Authority before rejecting his appeal.
4. In view of the above, the impugned order of the Appellate Authority, namely respondent No, 1, dismissing the appeal of the petitioner is declared as without lawful authority and of no legal effect. The result is that the appeal filed by the petitioner is deemed to be pending and the same shall be disposed of on merits by the Appellate Authority after providing an opportunity of being heard in the Office of the Civil Aviation Authority, Lahore Airport. The petitioner shall appear before him on 28-9-1989 at 10 a.m., as mutually agreed upon by the learned counsel for the parties. To this extent the writ petition is accepted, but no order is made as to costs.