ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.3099 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

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1. For order on CMA No.22916/2021 (Urgent).

2. For order on CMA No.22917/2021 (Stay).

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31^st December 2021

Mr. Mujtaba Sohail Raja, Advocate for Plaintiff.

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1          Urgency granted.

2.         Through instant suit, the plaintiff is seeking declaration, injunction, cancellation of the documents and recovery of damages to the effect that show-cause notice issued to the plaintiff on 16.12.2021 for the alleged violation of the provisions of Public Procurement Rules, 2004 in respect of the tender, which was awarded in the year 2015 for the cargo space in the aircraft, is illegal, without lawful authority and based on malafide, as according to the learned counsel, the plaintiff is being vexed twice for some offence, whereas, he was neither responsible for issuance of the tender, as it was approved and awarded by the Board of Directors, PIA, whereas, according to learned counsel, in respect of same set of allegations in the proceedings before the Hon’ble Supreme Court of Pakistan, the defendants themselves had taken a different stance on the audit observations and discarded the same. It has been further contended by the learned counsel that without prejudice to hereinabove, defendants even otherwise have no jurisdiction to proceed against the plaintiff in view of the provisions of Pakistan Essential Services & Maintenance Act, 1952 read with Pakistan Essential Services & Maintenance Rules, 1962, according to which, the jurisdiction is vested with the Chairman, National Industrial Relations Commission (NIRC). In support of his contention, learned counsel has placed reliance on an unreported judgment passed by a learned Divisional Bench of this Court in C.P. No.D-2447 of 2016 alongwith other connected petitions [Re.Talha Mansoor and others vs. Federation of Pakistan and others] as well as an order passed by the learned Chairman, National Industrial Relations Commission Islamabad in a Case No.7A(141)2020 in the case of Qasim Qadir, PIAC and 20 others vs. Federation of Pakistan and another.

Let notice be issued to the defendants as well as D.A.G., to be served through first three modes, for 18.01.2022, when written-statement/counter-affidavit shall be filed with advance copy to the learned counsel for plaintiffs. In the meanwhile, plaintiff may submit response to the show-cause notice. However, till next date of hearing, defendants may not pass any final adverse order against the plaintiff pursuant to show-cause notice dated 16.12.2021.

      J U D G E

*Farhan/PS*