LAHORE:The Lahore High Court on Friday restrained director general of Civil Aviation Authority (CAA) from taking a final decision regarding cancellation of a commercial pilot’s licence.
Justice Muhammad Ameer Bhatti issued the stay order on a writ petition filed by Bilal Chughtai, the pilot, challenging suspension of his licence for being a dubious one. The petitioner’s counsel stated before the court that his client was issued Air Transport Pilot Licence (ATPL) after passing all examinations conducted by the CAA in 2015. He said the authority renewed his licence from time to time until 31 August, 2019.
The counsel submitted that the CAA director general issued the impugned order on 10 July, 2020 and suspended his licence on the allegations of fraud, misrepresentation and in-person non-appearance in written examination.
He contended that there was no evidence available on record to support the allegations attributed to the petitioner by the authority. He pleaded that the impugned order was appealable but the appellate authority in the case was same that issued it. He argued that the civil aviation’s rules allowing the DG to hear an appeal against his own order violated fundamental right of due process of law guaranteed in the Article 10-A of the Constitution.
He argued that the aviation’s rules were also contrary to principle of natural justice as they did not envisage a right of hearing prior to issuing an order of suspension. The counsel asked the court to declare that the rules empowering the CAA DG to sit in appeal against his own orders were unconstitutional and the federal government be directed to provide an adequate remedy against the order of suspension by the respondent authority.
The judge adjourned the hearing for a date to be fixed later and restrained the respondent from taking any final decision in the impugned proceedings.
