ISLAMABAD: The Islamabad High Court (IHC) Tuesday directed the government to fill the vacant post of director general (DG) Civil Aviation Authority (CAA) on a permanent basis.
A single bench of Chief Justice Athar Minallah heard the petition of Syed Saqlain Akhtar through Zeeshan Zafar Hashmi Advocate.
The Court summoned the Attorney General for Pakistan on the next date (November 24).
Saqlain moved the court against revocation of his pilot license and also sought appointment of DG CAA on permanent basis.
During the hearing, Justice Athar remarked that this court could not interfere in the issue of revocation of pilots' licenses, adding the power to revoke and restore licenses rested with the relevant authority and not the court.
He observed that at present, the country's aviation regulator was non-functional and the license issue would get resolved once a permanent director general of the authority was appointed. He said it was up to the DG CAA to decide whether to revoke a pilot's licenses or restore it.
He directed that the matter to be placed before the authority's chief after appointment to the post was made.
He maintained that the government needed to fulfill its duty properly in a timely manner.
Previously, Justice Minallah had noted in his order, in this matter, the Aviation Division failed to give satisfactory explanation to queries raised by the court.
It also could not explain why the matter was delegated to the acting director general of the Civil Aviation Authority when the Lahore High Court vide order, dated 05-12-2019, passed in a writ petition had directed the secretary Aviation Division to consider the objections and passed a speaking order.
He added that the CAA also could not give a satisfactory explanation for failure to appoint an eligible and competent person as director general of the Civil Aviation Authority on permanent basis for the last two years.
He stated that twice advertisements were published but through the process a suitable person could not be identified.
In this matter, the counsel for the petitioner contended that the post of DG Civil Aviation Authority had not been filled on a permanent basis since the last two years.
He also referred to para 3 of the impugned order, dated 14.07.2020, wherein pursuant to the direction of the learned Lahore High Court in W.P no. 34997/2019, the matter was to be disposed of by the secretary, Aviation Division.
He also asserted that the secretary Civil Aviation Authority was also holding the additional charge of the post of DG CAA.
In his petition, the petitioner also assailed the order, dated 14.07.2020, whereby his Airline Transport Pilot License has been revoked.
His counsel further contended that the petitioner was never confronted with any material relating to the alleged use of unfair means to clear ATPL theoretical knowledge examinations.
He argued that the posts of secretary, Aviation Division and director general, Civil Aviation Authority were held by the same person, therefore, the impugned order, dated 14.07.2020 was not sustainable.
Copyright Business Recorder, 2020