KARACHI: Captain Nadeem Khan Yousafzai former Director General of Pakistan Civil Aviation Authority filed constitutional petition in Lahore High Court against Federal Investigation Agency through its Director General, Director Punjab Zone, Assistant Director Nadeem Akhtar (Investigation Officer) and Pakistan Civil Aviation Authority through its Director General.

Petitioner requested court to set aside and declare impugned notice of an inquiry issued by FIA March 15, 2023 illegal and void ab-initio in eyes of law and suspend operation of impugned notice and restrain respondents to take any adverse action against petitioner till final court come of main writ petition.

According to Nabeel Javed Kahloon, Advocate for petitioner FIA is Pakistan Special Police Establishment (PSPE) department for investigation of offenses of bribery and corruption against central government employees. It was given powers to investigate cases relating to offenses. Report of ‘Police Reform’, submitted to Cabinet on April 7, 1972 recommended establishment of Federal Police Organisation to deal with smuggling, narcotics, currency offenses, enforcement of laws relating to foreigners, immigration and passports offenses having an inter-provincial ramification. Consequently, FIA Act 1974 (Act VIII-4 of 1975) was promulgated on January 13, 1975 bringing Federal Investigation Agency into existence.

FIA Assistant Director Nadeem Akhtar issued an impugned inquiry notice to petitioner, where he alleged that petitioner was involved in alleged allotment of loyalty lounge in International Departure to Matchless Tours and Travels at Allama Iqbal International Airport causing loss of Rs 40 million to Civil Aviation Authority on March 15, 2023. Petitioner after receiving impugned notice of inquiry submitted his reply and categorically denied all allegations levied against him on March 20, 2023.

Nadeem Akhtar issuing impugned notice on March 15, 2023 miserably failed to disclose date of impugned allotment of loyalty lounge, hence impugned notice issued by respondents was incomplete on its face having no legal value. He miserably failed to appreciate that petitioner remained Director General of Pakistan Civil Aviation Authority (PCAA) from September 2010 to February 17, 2011 and again as Director General PCAA from April 2012 to November 4, 2012. It’s been 12 years since petitioner left post of Director General PCAA from first tenure and 11 years since petitioner left office of DG PCAA from second tenure.

By citation of 2019 PLC (CS) 1203 Lahore High Court Side Appellant: Irshad Hussain Side Opponent: Municipal Corporation Multan, petitioner said simple reading of above judgment passed by superior court it is very clear, that no inquiry could be conducted against an employee after one year of his superannuation and impugned order passed by department was set aside by court. Hence, impugned notice of inquiry issued by respondents is totally illegal and void ab-initio and in grave violation of fundamental right of petitioner.

Published in The Daily National Courier, May, 04 2023

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