IBRAHIM NOOR vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC art

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IBRAHIM NOOR VS PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC art.199---Employment---Dismissal from service, challenge to---Constitutional petition---Maintainability---Concurrent disciplinary and criminal proceedings arising out of same offence---Permissibility---The petitioner challenged the legality and validity of his dismissal from Pakistan International airlines Corporation (PIaC) service---The challenge centered on whether his termination, was lawful and justified, particularly in light of the proposition that the petitioner's previous exoneration from criminal charges concerning similar conduct were founded on same allegations---Held: Disciplinary proceedings and criminal proceedings were altogether different and independent of each other and could not be terms synonymous and interchangeable---The departmental inquiries for misconduct used a lower standard of proof (balance of probabilities) compared to criminal trials (proof beyond a reasonable doubt)---The forums for adjudication, principles of evidence, and procedure were also separate and distinct---The decision of one forum could not a bearing on the decision of other forum---Even if the petitioner was acquitted in a criminal case following a conviction, this did not automatically lead to exoneration from departmental charges based on the same factual grounds---Moreover, while a writ under art. 199 of the Constitution was available in specific limited situations, it was generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but did not convince the department of his/her innocence---Constitutional petition was not maintainable and same was dismissed, in circumstances.

IBRAHIM NOOR vs PAKISTAN INTERNATIONAL AIRLINES CORPORATION through Chairman, PIAC art — 2025 PLC(CS) 1548 KARACHI-HIGH-COURT-SINDH

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