11 July 2004	Sunday	22 Jamadi-ul-Awwal 1425

KARACHI, July 10: The Sindh High Court on Friday issued notices to PIA authorities in a writ petition seeking implementation of a Federal Service Tribunal order in a promotion case.

The tribunal had set aside the proceedings of a PIA promotion board whereby Dr Bashir Ahmed, senior medical officer, was ignored for promotion as deputy chief medical officer and his juniors were selected to fill up vacancies.

The petitioner said the airline management had not reconvened the promotion board's meeting as directed and the high court should interfere in the matter to protect his right under the tribunal verdict. There was no constitutional bar and the only question involved was implementation of a judicial order.

Justices Anwar Zaheer Jamali and Gulzar Ahmed, who constituted the division bench that heard the petition, directed after hearing the petitioner's counsel, Mohammad Nawaz Shaikh, that notices be issued to the respondents for a date in office.

CUSTOMS CIRCULAR: The Sindh High Court set aside on Friday a customs circular suspending the licence of a shipping agent without affording him an opportunity of hearing.

The licence of Universal Shipping (Private) Limited was put in abeyance by the collectorate of customs (preventive) by a circular issued on June 29. The circular said: "The licensing authority (the collectorate) has received two complaints against M/s Universal Shipping regarding issuance of break-up delivery order charges for a bill of entry for clearance of raw material imported by their client".

According to the complainant, the imported goods were shifted without the knowledge of the clearing agent, the importer and the authorities concerned and without filing necessary document. As a result, the consignment was delayed for 15 days and production of the importer concern suffered.

Suspending the licence till further orders, the customs circular said no documents filed by the shipping agent would henceforth be accepted. The documents already filed would, however, be duly processed.

The aggrieved shipping agent challenged the circular by a writ petition filed through Advocate Khalid Mahmood Siddiqui. A division bench, comprising Justices Anwar Zaheer Jamali and Gulzar Ahmed, noted that the customs counsel, Raja Muhammad Iqbal, had not disputed the averment that the impugned action was taken without affording any opportunity of hearing to the petitioner and that "such an action has virtually put the petitioner out of business".

"In view of the above undisputed position", the bench observed, "we allow the petition and declare the impugned circular to be without lawful authority and of no legal effect. However, it will be open to the respondents (the customs) to take any appropriate action against the petitioner strictly in accordance with law and after providing him due opportunity of hearing before passing any fresh order."