IHC dissatisfied with CAA reply to pilot’s plea

Tells AGP to explain delay in appointment of permanent DG of authority

ISLAMABAD:

The Islamabad High Court on Wednesday expressed its dissatisfaction over the Civil Aviation Authority’s reply to a petition filed by a pilot whose airline transport pilot licence (ATPL) was revoked for allegedly cheating in his exams.

The court issued a notice to the attorney general of Pakistan, telling him to seek the federal government’s instruction on the matter and explain the “unreasonable delay in appointing an eligible and competent person on a permanent basis” to the post of the CAA director general.

The pilot’s lawyer that the aviation division secretary, who was holding the additional charge of the CAA DG for the last two years, had issued the order for cancellation of his client’s licence in haste and that too in violation of the principles of procedural fairness.

IHC Chief Justice Athar Minallah in his order noted that the section officer appearing on behalf of the CAA could not give a satisfactory explanation for the failure to appoint an eligible and competent person as director general of the authority on permanent basis for the last two years.

“He [section officer] stated that twice advertisements were published but through the process a suitable person could not be identified,” the court order read.

“Appointing an eligible and competent person against the post of the director general of the authority falls 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 also noted that the section officer could not explain why the matter was delegated to the acting CAA DG when the Lahore High Court had directed the aviation division secretary to consider the objections.

“It is noted that in the case in hand, the fundamental right of every citizen, guaranteed under Article 14 of the Constitution, is involved,” the order read.

“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 authority 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 Airline Corporation. It definitely affects the fundamental rights of every citizen.”

The court said it expected that attorney general would satisfy it that the appointment of the CAA DG on a permanent basis was subject to the process of seeking applications through publication of advertisements. “The legality of the order impugned in this petition shall also be argued.”