CEO PIA Told by Sindh High Court to Stop Working

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CEO PIA Told by Sindh High Court to Stop Working

Post by Abbas Ali »

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Sindh High Court has stopped Air Marshal Arshad Mahmood Malik from working as CEO PIA.

Pakistan International Airlines Senior Staff Association (PIA SSA) General Secretary Safdar Anjum through a petition had challenged the appointment of Air Marshal Arshad Mahmood Malik. The petitioner had questioned the eligibility of Air Marshal for the post of CEO PIA.

The airline has also been stopped from hiring, sacking or transferring employees by the court.

The court has also stopped the airline from buying or selling assets. The airline will not be allowed to sell any asset worth more than one crore rupees.

Decision making in the airline also suspended by the court.

Next hearing of the case will take place on January 22, 2020.

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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by ammad »

PIA made good progress under his 14 month tenure.

Generally it is not a good idea to import CEO directly, but he is proving himself as very competent CEO.
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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by Abbas Ali »

Most likely the court order will be set aside through another court order.

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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by Abbas Ali »

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Talking on "Dunya Kamran Khan Kay Saath' show, Air Marshal Arshad Mahmood Malik informed:
  • Appointments in the airline being made on merit.
  • New flights started from airports like Multan and Faisalabad.
  • Received good feedback on first of two A320 aircraft inducted in airline's fleet recently.
  • Steps being taken to start airline's non-stop flights to USA from Pakistan.
  • PIA codesharing agreements to be signed with more world airlines to offer more destinations to airline's passengers.
  • In-flight Entertainment (IFE) system aboard the aircraft to be improved.
  • More aircraft to be inducted in 2020.
  • Employees with fake degrees sacked.
  • Employees involved in corrupt practices who have taken court stay orders.
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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by fahadshakeel »

What the .....

In a few months he has brought meaningful changes to the organization. Considering the bureaucratic atmosphere only he is the guy who can command in better way. If court wants to make all organizations military free then start with the most stable one because in this environment only military guys got nerves & powers to bring company out of troubles.

I am very pro-democratic however; there is no doubt on his efforts in either maintenance departments or new routes or management or fleet acquisition. I hope another superior court will do it's job now.
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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by ammad »

Abbas Ali wrote: Tue Dec 31, 2019 4:59 pm

Talking on "Dunya Kamran Khan Kay Saath' show, Air Marshal Arshad Mahmood Malik informed:


[*]Received good feedback on first of two A320 aircraft inducted in airline's fleet recently.

Abbas
Many time it is mentioned that two of the Aircraft are inducted. Only AP-BMX is inducted yet. AP-BMY is not inducted yet, how can he get feed back on it?

I think this one is the second Aircraft they are referring?
https://www.flightradar24.com/data/aircraft/hz-as21
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Re: CEO PIA Told by Sindh High Court to Stop Working

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He talked about good feedback received on passenger cabin condition of AP-BMX recently inducted in airline's fleet.

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Re: CEO PIA Told by Sindh High Court to Stop Working

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PIA chief stopped from working on petition challenging appointment

Ishaq Tanoli

January 01, 2020

KARACHI:
The Sindh High Court has restrained Air Marshal Arshad Malik from carrying out any function as the chief executive officer of Pakistan International Airlines till Jan 22 on a petition challenging his appointment.

A two-judge bench headed by Justice Mohammad Shafi Siddiqui also issued notices to respondents as well as the deputy attorney general for Jan 22.

The bench in its order said that the contentions raised by the petitioner’s lawyer merited consideration, particularly the apparent titanic gulf between the CEO’s education, qualification and experience and the job requirement.

In the meanwhile, the bench said that the PIA chief, chief human resource officer and the airline’s board of directors, through its chairman/CEO, were restrained from carrying out any function as well as encumbering or disposing of assets of the national flag carrier valued over Rs10 million.

Petitioner Safdar Anjum, who is the general secretary of one of the associations of PIA senior staff/employee, submitted that he was filing the petition in the public interest and for enforcement of fundamental rights of all the members of the association and general public since the PIA was a national asset.

Impleading the PIA CEO, the federation through principal secretary to the prime minister, secretaries of the cabinet and aviation divisions, PIA and others as respondents, the petitioner stated that the Air Marshal Malik was a senior serving officer of the Pakistan Air Force (PAF) and his appointment as the PIA chief was made in utter disregard of law laid down by the apex court in its Aug 3, 2018 judgement against the appointment of the then CEO.

He maintained that the appointment was also made in violation of the Public Sector Companies (Corporate Governance) Rules of 2013 and Public Sector Companies (Appointment of Chief Executive) Guidelines of 2015 as both the laws were applicable to the PIA.

The lawyer for the petitioner argued before the bench that as evident from his job application, the main respondent was holding a basic BSc degree and seemed to have acquired qualifications in war studies.

He said clearly he lacked any qualifications, experience in commercial airline industry or operating a commercial fleet under the civil aviation rules and international treaties.

The counsel further argued that the PIA was originally established under the Pakistan Airlines Corporation Act, 1956 and later converted into a public limited company through the PIA (Conversation) Act, 1984 and its chairman as per Section 8 was to be appointed by the federal government and the chairman also acted as CEO.

He maintained that the appointments of such officials were to be made through the Public Sector Companies (Corporate Governance) Rules of 2013 and as per relevant law the appointing authority was required to consider the matters based on competence, capability visibly demonstrated by the candidate, ability to understand technical requirement of business, appropriate qualification, training and others.

He stated that the main respondent’s qualification and experience did not match the job requirements.

Referring to a previous judgement of the apex court, the petitioner’s lawyer submitted that under similar circumstances, the Supreme Court had removed the then CEO of PIA while holding that “until and unless strict compliance with the provisions of the statute and rules governing appointment to these senior positions were adhered to in letter and spirit, such appointment will always be subject to challenge on the ground of arbitrariness and non-compliance with the law and settled principles”.

The petitioner’s counsel asked the court to declare the appointment illegal and unconstitutional.

He also sought a restraining order against the incumbent CEO on the ground that he was making huge financial decisions and might encumber valuable assets of the PIA that may result in selling of these assets at throwaway prices.

Source: DAWN
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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by Abbas Ali »

Air Marshal Arshad Mahmood Malik himself a number of times has stated that the military/air force and the current government chose him/gave him task to lead/revive PIA.

Apparently it means other candidates/applicants for the post of CEO PIA did not get fair chance through a proper selection board/interview panel.

Details of selection process and candidates who applied for the post of CEO PIA need to be revealed.

Audit Report of Public Sector Entities 2018-19 submitted before the parliament also identified shortcomings in the hiring process in the case of PIA.

War course, aviation or military operations in educational qualifications for eligibility criteria for hiring CEO PIA advertisement in January 8, 2019, newspaper also had risen eyebrows at that time.

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viewtopic.php?f=1&t=26979#p189757

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Re: CEO PIA Told by Sindh High Court to Stop Working

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TAAP voices concern over barring PIA CEO from working

By RECORDER REPORT on January 5, 2020


Travel Agents Association of Pakistan (TAAP) has expressed concerns over the reports that Sindh High Court (SHC) has directed the Chief Executive Officer (CEO) Pakistan International Airlines (PIA) to stop working on the position.

Speaking at a press conference held at Karachi Press Club (KPC), Chairman TAAP Nadeem Sharif along with Head Agency Programme Joint Council (APJC), Rafique Bukhari – head of Bukhari Travels and others expressed concerns over the reports regarding the SHC directives to CEO PIA for not working as PIA head.

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They said that government after a long time placed a highly professional officer Air Marshal Arshad Mahmood Malik to run the affairs of national flag carrier and alleged the staffs, who were under investigation of fake degrees case, were behind such acts to sabotage valid decorum of management.

TAAP was of the view that PIA after over three decades appeared progressive under the management of Air Marshal Arshad Mahmood Malik and in recent past PIA improved its performance significantly.

Moreover, they said that the drop in operational losses by 50% to Rs. 1.5 billion from Rs. 3 billion with an increase in operational fleet from 23 to 29, out of 31 available aircraft were made under his leadership.

In addition, the improvement in the cargo operations to 80% of available capacity, which was previously roaming around 20 percent and for the first time, PIA has solely carried out Hajj operations 2019 without no leased aircraft are the milestones achieved under his management. Besides that PIA has also commenced direct flights from Sialkot to London and from Karachi to Canada and made Sukkur and Quetta stations operative.

Keeping the said in view, the TAAP believed that under his sincere efforts and leadership, PIA will get succeeded in restoring its lost glory.

Source: brecorder.com
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Re: CEO PIA Told by Sindh High Court to Stop Working

Post by Abbas Ali »

According to news sources:

Air Marshal Arshad Malik has challenged Sindh High Court decision at Supreme Court of Pakistan.

The appeal to the Supreme Court says that Sindh High Court gave one sided decision without listening Air Marshal Arshad Malik. Baseless allegations against Air Marshal Arshad Malik were made in the case at Sindh High Court.

Suspension/dismissal/nullification of Sindh High Court order is sought from the Supreme Court.

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Re: CEO PIA Told by Sindh High Court to Stop Working

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PIA CEO challenges SHC order

By TERENCE J SIGAMONY on January 10, 2020


Chief Executive Officer (CEO) Pakistan International Airlines (PIA), Air Marshal Arshad Malik Thursday prayed to the apex court to set aside Sindh High Court order dated 23-12-2019 and stay further proceedings regarding the matter till final disposal of his appeal.

The Sindh High Court in December 2019 restrained Air Marshal Arshad Malik from carrying out any function as the CEO PIA till January 22. It had issued notices to Air Marshal Arshad Malik and the federal government for January 22, 2020.

A two-member bench of SHC in its order had also restrained chief human resource officer and the airline's board of directors, through its chairman/CEO, from carrying out any function as well as encumbering or disposing of assets of the national flag carrier valued over Rs 10 million.

Air Marshal Arshad Malik had been a nominated Director PIA since October 17, 2018. He was elected as acting CEO on October 26, 2018 and was appointed regular CEO w.e.f. April 26, 2019 as per PSC Guidelines 2015. Before joining PIA, Air Marshal Malik was Vice Chief of the Air Staff (VCAS) of Pakistan Air Force (PAF).

In his petition, Malik stated that negotiations for export of planes were conducted by him with Sri Lanka, Myanmar, Egypt, Argentine and Nigeria with orders obtained from them later. Arshad Malik also stated that he was posted as Deputy Chief of Air Staff (Personnel) for a year, dealing with human resources issues, both of civilians and serving Air Force employees. This assignment included HR Planning and Career Profession Development of the entire Human Resources of the PAF, all over Pakistan.

Malik said that till deputed to PIA, he was the Vice Chief of PAF looking after the PAF budget, flight safety, training institutes and media affairs.

Safdar Anjum had challenged Arshad Malik's appointment in the SHC. It is his stance that Malik was a senior serving officer of the Pakistan Air Force (PAF) and his appointment as the PIA chief was made in utter disregard of law laid down by the apex court in its Aug 3, 2018 judgement against the appointment of the then CEO.

Source: brecorder.com
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Re: CEO PIA Told by Sindh High Court to Stop Working

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January 21 set as date for hearing of the case at the Supreme Court of Pakistan. A three-member bench headed by Chief Justice Gulzar Ahmed will hear the case. Other two members of the bench are Justice Ijaz Ul Ahsan and Justice Sajjad Ali Shah.

An appeal was filed at the Supreme Court by Air Marshal Arshad Malik against Sindh High Court (SHC) order that had stopped him from working as CEO PIA.

Federation, Cabinet Division and Aviation Division have been made parties in the appeal filed at the Supreme Court.

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Re: CEO PIA Told by Sindh High Court to Stop Working

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Supreme Court of Pakistan has rejected appeal filed by Air Marshal Arshad Malik to allow him to continue working as CEO PIA.

The Supreme Court is not going to suspend Sindh High Court ruling that had stopped Air Marshal Arshad Malik from working as CEO PIA. The Supreme Court also sought details of Sindh High Court ruling/judgment.

The court has allowed PIA Board of Directors to continue working and look after airline matters with CEO powers.

The court remarked that the Air Marshal was on deputation under a temporary arrangement but he brought his own team of ten men. Handover PIA to PAF, the court remarked. PAF was unable to run Shaheen Air and now they are trying to run PIA.

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The Attorney General informed the court that the appointment of Air Marshal as CEO PIA was confirmed through a procedure.

The Supreme Court has ordered government to appointment a new CEO PIA through a proper procedure/rules/regulations.

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Why PIA is run by the government? the court asked. PIA is a national asset not a personal property of someone, the court remarked. No one will be allowed to play with PIA, the court said.

The case has been merged into airline's privatization case heard by the apex court.

Case hearing has been adjourned for two weeks.

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Re: CEO PIA Told by Sindh High Court to Stop Working

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The Supreme Court rejected on Tuesday Air Marshal Arshad Malik’s appeal to remain the Chief Executive Officer (CEO) of Pakistan International Airlines (PIA) while raising suspicions on increased fares and appointment of ten officers of the Pakistan Air Force (PAF) in the national carrier.

The three-member bench, headed by Chief Justice of Pakistan Gulzar Ahmed, called into question the appointments of four air vice marshals, two air commodores, three wing commanders and one flight lieutenant in the national airline.

"How can Arshad Malik make such appointments when he himself is appointed on deputation?" questioned the top judge.


During the hearing today, Justice Sajjad Ali Shah, who was part of the bench hearing the case, said: "We want to see if the advertisement of PIA CEO's post was designed with Arshad Malik in mind as he does not have the pre-requisite qualification, education or the expertise required for the job."

Justice Shah also raised concerns over reports that a bid worth Rs70 million was awarded to an air commodore and said that the "fares of PIA had increased by 100 per cent" since Malik's appointment.

"You are running the national airline's affairs like those of a family business […] How can you manage PIA when you failed Shaheen Airways miserably?" he remarked.

https://www.dawn.com/news/1529693
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