Law:

Section:

West Pakistan Control of Goondas Ordinance (XXXV of 1959), S. 13, 14, 16 & 18-Appeal against order passed under S. 13, 14 or 16-Commissioner hearing appeal, has power to suspend, stay or modify impugned order pending appeal. Where the contention was that the power to suspend the operation of an order passed by the Tribunal under sections 13, 14 and 16 of the West Pakistan Control of Goondas Ordinance, 1959, has not been specifically conferred on the appellate x authority hearing appeal under section 18 of the Ordinance and therefore, pending appeal, the appellate authority is not possessed v of power to stay the execution of an order brought in appeal before him. Held : The West Pakistan Control of Goondas Ordinance, 1959 gives the person proceeded against the right of an appeal to the Commissioner under section 18. On merits the Commis­sioner may feel satisfied that the order passed against him was prima facie not justified. He would in that view discharge him, but what if the appeal comes up for hearing after one year. This would bring out clearly that the power to suspend the operation of an order passed by a Tribunal under section 13, 14 or 18 is ancillary to the power conferred upon the Commissioner by section 18 to discharge the person complained against on final adjudication. Syed Sardar Shah Bokhari v. The Chief Justice and Judges of the High Court of West Pakistan P L D 1965 S C 479 "Implied ; Powers and Obligations" by Maxwell, 1962 Edition, p. 350 ; Cf. R. v. Tayford (1836) 5 A & E 430 ; Exh. P. Martin (1879) 4QBD212;Hallv.Nixon(1875)LR10QB152 and NgaSan Tin v. Emperor 13 Cr. L J R 492 ref. Qazi Akhtar Ahmad, A.-G. for Appellants. Respondent : Ex parte. Date of hearing : 2nd September 1970. JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-The question raised in this appeal by special leave of the Court is whether the Commissioner of a Division acting as an appellant authority under the West Pakistan Control of Goondas Ordinance, 1959, hereinafter referred to as the Ordinance, can suspend the operation of the impugned order without an express provision to that effect in the Ordinance. In pursuance to a complaint lodged by the Police under sections 13…

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