Mirza ANWAR MEHMOOD BAIG vs CIVIL AVIATION AUTHORITY art — 2024 PLC(CS) 934 KARACHI-HIGH-COURT-SINDH

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Mirza ANWAR MEHMOOD BAIG VS CIVIL AVIATION AUTHORITY art. 199---Civil service---Disciplinary proceedings---Issuance of show-cause notice---Constitutional petition challenging show-cause notice---Maintainability---Good governance---Scope---Constitutional jurisdiction of the High Court is not meant to be exercised to restrain the competent authority from taking action under law against a public servant against whom prima facie evidence showing his involvement in the serious charges of misconduct is available---any such direction will be disharmonious to the principle of good governance and canon of service discipline rather it would cause undue interference to hamper the smooth functioning of the departmental authorities---In law show-cause is not defined as a punishment---Petitioner could not file a constitutional petition against the issuance of show-cause notice (SNC), which was simply an opportunity to explain the position in the course of the inquiry---against the adverse result of inquiry arising out of SCN, if any, the petitioner would have the remedy of appeal---In presence of such adequate remedy, High Court at this juncture would not step in to declare the SCN issued to the petitioner illegal or void---Petitioner's objection on the issuance of SCN was technical and procedural, and there was no malice or ulterior motives on the part of respondent/Caa and/or violation of the principles of natural justice---Court would not exercise its discretion to thwart the whole process arising out of the SCN and set aside SCN on any of the technical grounds, as it would amount to interfering in the right of the authority to enquire into allegations against the petitioner---Besides, respondents had levelled serious allegations against the petitioner in their comments about his qualification of B.a. degree being fake document, which would certainly be considered by the competent authority in the inquiry proceedings against the petitioner---Since the show cause was issued against the petitioner and he replied and it was for the respondent/Caa to decide under law for which the High Court was not required to show indulgence in the matter under art. 199 of the Constitution to set aside the disciplinary proceedings initiated against him---High Court did not see any infringement of the right of the petitioner which could be called in question by way of constitutional petition---Public Servant has no vested right to call in question the disciplinary proceedings in constitutional petition---Constitutional petition having been filed against the issuance of show-cause notice was dismissed.

Mirza ANWAR MEHMOOD BAIG vs CIVIL AVIATION AUTHORITY art — 2024 PLC(CS) 934 KARACHI-HIGH-COURT-SINDH

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