IHC seeks AG help in CAA chief appointment case

Published September 9, 2020
Justice Minallah regretted that Pakistan had faced enormous problems because of the licence issue, but the government was still running the important office of the CAA chief through makeshift arrangements. — AFP/File
Justice Minallah regretted that Pakistan had faced enormous problems because of the licence issue, but the government was still running the important office of the CAA chief through makeshift arrangements. — AFP/File

ISLAMABAD: The Islamabad High Court on Tuesday expressed concern over the government’s act of running the office of director general of the Civil Aviation Authority (CAA) on an ad hoc basis for the past two years.

Chief Justice Athar Minallah sought assistance from the attorney general in the matter and fixed the case for hearing on Sept 23. He was hearing a petition filed by a pilot who was sacked over the allegation of possessing a dubious licence.

The petitioner sought appointment of a permanent director general of the CAA, besides setting aside his sacking order. The court had previously issued a stay order against his suspension.

Justice Minallah regretted that Pakistan had faced enormous problems because of the licence issue, but the government was still running the important office of the CAA chief through makeshift arrangements.

Justice Minallah regrets government is running the important office through makeshift arrangements

Aviation division sources said that in addition to the post of CAA director general, at least 12 senior positions had been vacant for several months and junior officers were given additional charge on senior positions. These posts include deputy director general (DDG) air navigation system, DDG regulations, DDG airport services, director commercial, director engineering and director Civil Aviation Training Institute.

When contacted, CAA law officer Rana Bilal claimed that everything was in order within the CAA echelons.

However, aviation division’s joint secretary Abdul Sattar Khokhar said the departmental promotion committee had recommended promotion of the junior officers who would fill the vacant posts.

During a hearing on Aug 12, Justice Minallah observed that appointing an eligible and competent person against the post of CAA director general fell within the exclusive domain of the executive organ of the state. “Prima facie, it does not appear from the statutory provisions that the manner of appointment by way of advertisement has been prescribed,” the court had observed.

On Tuesday, the court noted that in the case in hand, the fundamental right of every citizen, guaranteed under Article 14 of the Constitution, was involved.

“The manner, in which this case has been handled, prima facie, indicates gross mismanagement. The issue relating to licences of commercial pilots and the proceedings conducted by the acting director general of one of the most important regulatory authorities i.e. the Civil Aviation Authority has profound consequences for the image of the country and the interests of the national airline i.e. Pakistan International Airlines Corporation,” the court observed.

The court had summoned the attorney general, but an assistant attorney general appeared before it when the hearing resumed on Tuesday.

At this, Justice Minallah regretted this depicted how the government was being run. He adjourned the hearing till Sept 23 and directed the attorney general to seek instructions from the government since the matter relating to appointment of the CAA director general is of paramount public interest.

Published in Dawn, September 9th, 2020

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