CIVIL AVIATION AUTHORITY through Director General, Karachi vs MUHAMMAD ABDUL ALEEM S

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CIVIL AVIATION AUTHORITY through Director General, Karachi VS MUHAMMAD ABDUL ALEEM S. 3---High Court appeal---Interim order---Interlocutory order---Maintain-ability---Scope---appellant was aggrieved of order passed by Single Judge of High Court whereby an ad-interim order passed in favour of respondent had continued despite information about his retirement was conveyed with exception to extension of such relief---Validity---Scope of appeal was limited to decide the nature and concomitant effects of the interim order operating in favour of respondent in the aforesaid context and keeping in view that it had allowed continuation of departmental proceedings against the respondent but had restrained the authority from passing a final order on the basis of impugned show-cause notice without permission of the court---Unfortunately, for one reason or the other, the issue between the parties could not be laid to rest and meanwhile retirement age of the respondent had approached---No final order on account of interim order could be passed against the respondent, although as claimed the departmental proceedings had been concluded, and he was successfully reaping its benefits and evading consequences of the charge against him---at the stage, when the respondent was retiring next day and his suit had not progressed materially, it was not hard to discern that if the interim order was allowed to continue, it would not only be in disregard to its own terms permitting continuation of proceedings against the respondent but would result into miscarriage of justice---Respondent would emerge vindicated without any formal inquest by the court into merits of his case, his suit would likely become irrelevant/infructuous and the respondent would be permanently deprived and debarred from pressing the charges against the respondent before any forum for final adjudication---appeal was allowed and the original interim order was modified in the terms, whereby the appellant was permitted to proceed with and pass an order, which could include a final order in the light of already held proceedings, if any---However, such proceedings and its outcome, if any, would be subject to a final decision to be made on the suit filed by the respondent---appeal was disposed of accordingly.

CIVIL AVIATION AUTHORITY through Director General, Karachi vs MUHAMMAD ABDUL ALEEM S — 2022 YLR 1348 KARACHI-HIGH-COURT-SINDH

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