Law: Constitution of Pakistan, 1962

Section: 98

(a) Registration (Importers and Exporters) Order, 1952, Ss. 4 & 8(a)-Suspension of import/export Certificate of Registration­ Distinguished from "suspension" of Government servant-Temporary suspension of export or import Certificate of Registration-Summary power should be exercised sparingly; only when urgency of situation demands and even then person concerned to be informed without delay. Suspension may be a punitive suspension or one in aid of an enquiry. An order in the nature of punishment is always required to be preceded by a properly constituted inquiry. The other kind of suspension is designed to facilitate the due prosecution of the enquiry. Such a temporary suspension is deemed to be an implied term in every contract of service. Section 16 of the General Clauses Act also lays down that an authority who has got power to appoint has also the power to suspend. It has therefore been held that if an authority, when holding an enquiry, is satisfied that the charge against the public servant is connected with his position as a Government servant or is likely to embarrass him in the discharge of his duties or involves moral turpitude, he can suspend him pending the enquiry. On this principle it may be said that the Chief Controller of Imports and Exports can also exercise this power summarily, pending an enquiry. It must however, be remembered that the Government servant, by reason of his suspension, does not lose his office or suffer degradation. His rank remains the same. He merely ceases to discharge the duties of his office during pendency of the departmental enquiry against him. .He also draws a subsistence allowance during the period of suspension. In the event of his honourable acquittal he is allowed to draw full salary for the period of suspension. On the other hand if an Export or Import Registration Certificate is temporarily suspended, it may cause incalculable harm to the importer or exporter for which he cannot get any redress even if later the order of suspension is withdrawn. If suspension continues longer, it may even . totally destroy his trade. It is therefore desirable that this summary power should be exercised very sparingly, and…

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