SC raises questions over appointment of PIA CEO

The Supreme Court on Wednesday questioned how a person who joined Pakistan International Airlines (PIA) on deputation could be appointed its chief executive officer (CEO). A three-member bench headed by Chief Justice Gulzar Ahmed heard Air Marshal Arshad Mehmmod Malik's appeal against the Sindh High Court's order restraining him from performing functions as PIA CEO.

Justice Sajjad Ali Shah, a member of the bench, inquired how a person, who has joined the PIA on deputation, could be appointed its CEO.

Salman Akram Raja, representing the PIA board of directors, said that there were many judgments of the Supreme Court on the issue.

He contended that Arshad Malik would retire from the PAF in 2022, adding that till that time he would not receive perks and privileges from the PAF.

The bench directed Raja to assist the court on the matter.

Justice Ijaz noted that the national flag carrier had made progress during the tenures of Air Marshal Asghar Khan and Air Marshal Noor Khan, while its foreign CEO took the PIA plane to Germany, but no action was taken.

Raja said that the NAB was investigating the matter.

The Chief Justice said that the PIA should have filed a criminal case in a German court.

He questioned how the PIA plane was taken out of the country and no efforts were made to bring it back.

Earlier, the chief justice said they had examined the PIA's and the government's reports regarding the appointment of Arshad Mehmood Malik.

It appears that the same person has drafted both the reports. "There is only cut and paste.

Air Marshal is highly praised in the reports."

Naeem Bukhari, representing the incumbent CEO, said in the last hearing the court had observed that many vice-marshals and commodores were brought from the PAF, while the fact is that not many, but a few officers came along with the air marshal to the PIA. Bukhari said whether Arshad Malik is fit for the job has to be decided by the court.

Justice Ijazul Ahsan said it was an interim arrangement but the air marshal was continually occupying the said post.

Naeem said that Arshad Malik was appointed in response to an advertisement.

Justice Ijaz questioned whether the post was advertised internationally.

He said that in a Supreme Court judgement steps were given for the appointment of a CEO.

Justice Sajjad Ali Shah observed that three persons had applied for the post of PIA CEO, but the authorities said one did not have the experience, while the other lacked relevant qualification, thus the Air Marshal was selected.

The Chief Justice said if the Air Marshal was found not fit for the post then he would have to go.

The case was adjourned until February 20, 2020.

In the last hearing, the apex court had allowed Pakistan International Airlines (PIA) Board to run the affairs of national flag carrier and also the functions of its chief executive officer (CEO)/chairman.

The bench had turned down Air Marshal Arshad Malik's prayer to suspend the Sindh High Court's (SHC's) order restraining him from performing duties.

The bench summoned high court record on the matter.

The SHC on 23rd December 2019 had restrained Air Marshal Arshad Malik from carrying out any function as the PIA CEO till January 22.

Air Marshal Arshad Malik was a nominated PIA director since October 17, 2018.

He was elected as acting CEO on October 26, 2018 and was appointed regular CEO w.e.f. April 26, 2019 as per PSC Guidelines 2015.

Before joining PIA, Air Marshal Malik was vice chief of the air staff of the Pakistan Air Force.