1990 PLP 927 (MLD)

SALEEM AKHTAR, J.‑‑The petitioner is an association registered under Voluntary Social Welfar Agencies (Registration and Control) Ordinance, 1961 (Ordinance XLVI of 1961). It has a written and approved constitution copy of which has been filed with the petition. The Petition has been filed through its Secretary who has alleged that respondent No.1 in violation of the provisions, by an order passed on 21st January, 1988, the Registration Authority/Director Social Welfare, Government of Sindh has suspended the executive committee of the petitioner with immediate effect and also a pointed Ghulam Kadir Brohi, Social Welfare Officer, Civil Lines, Sub‑Division, Karachi as Administrator under subsection (2) of section 9 of the said Ordinance to look after and streamline the affairs of the association till the election. This order has categorised the charges, including the failure to establish social service except school failure to conduct elections of the executive committee, failure to maintain proper accounts/records, failure to furnish annual progress report and audited statement of accounts, failure to enrol members and to maintain record of Rs. 15,000 released to the petitioner from Zakat Fund for Mustahqeen. After this order was served and respondent No. 2 was appointed Administrator, the petitioner made representations but no further steps were taken as required by section 9 of the Ordinance. The respondents have not filed any counter‑affidavit but Mr. Abdul Ghafoor Mangi, learned Assistant Advocate- General admits that impugned letter dated 24th January, 1988 suspending the executive committee was issued and Administrator has been appointed. Mr. Muniruddin Alvi, the learned counsel for the petitioner has contended that the order of suspension is without jurisdiction as it violates the principles of natural justice and was passed without making any enquiry as provided by section

9. There is nothing on record to show that any enquiry was held in the affairs of the petitioner or that any show‑cause notice was issued to it before passing order of suspension. The impugned order itself refers to an enquiry but nothing has been produced on record to show in what matter, on what basis, and for what purposes the enquiry was held. The holding of enquiry has been challenged by the petitioner but the respondents have not even denied much less to rebut it. Section 9 of Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 reads as under:‑‑ 9.‑‑(1) If, after making such enquiries as it may think fit, the Registration Authority is satisfied that a registered agency has been responsible for any irregularity in respect of its funds or for any maladministration in the conduct of its affairs or has failed to comply with the provisions of this Ordinance or the rules made thereunder, it may, by order in writing, suspend, the governing body. (2) Where a governing body is suspended under subsection (1), the Registration Authority shall appoint an administrator, or a caretaker body consisting of not more than five persons, who shall have all the authority and powers of, the governing body under the constitution of the agency. (3) Every order of suspension under subsection (1) shall be placed by the Registration Authority before a Board, consisting of not more than five persons, constituted by the Provincial Government from the purpose, which shall have the power to make such orders as to the re -instalment or the dissolution and reconstitution, of the governing body, as it may think fit. (4) The governing body against whom an order of dissolution and reconstitution is made under subsection (3) may appeal to the Provincial Government, within thirty days from the date of such order, and the decision of the Provincial Government shall be final and shall not be called in question in any Court." Under section 9(1) suspension order can be passed after an enquiry has been made in the manner thought fit by the Registration Authority. As holding of enquiry is a condition precedent for passing an order of suspension, it was incumbent upon the respondents to show that such an enquiry was held. Any enquiry held against a party should be known to him so that he may offer his explanation. An enquiry held without notice to the party against whom it is conducted is neither legal nor proper, and on the basis of such enquiry no action can be initiated. Section 9(2) can be enforced when a legal order of suspension has been passed. Section 9(3) provides that after suspension under subsection (1) the matter shall be placed by the Registration Authority before a Board appointed by the Provincial Government which may order for re‑instalment or the ' dissolution and reconstitution of the agency. The step has also not been ,' A taken by the respondents. According to the learned counsel for the petitioner, the matter has so far not been placed before the Board which would have reconsidered the entire case and passed appropriate orders. i Although no time limit has been fixed for placing such matters before the Board, the Authority cannot drag it for an unlimited period. In facts and circumstances of the case, the allegations made against the petitioner's executive committee are not of complicated nature, and considering the fact as stated in the impugned order, the matter should not have been kept pending for 6/7 months when this petition was filed by the petitioner. Considering the facts and circumstances of the case, we are of the view that the impugned action taken by respondent No.1 is in violation of the section 9 of the Ordinance, and principles of natural justice. We, therefore, declare that the impugned order passed by respondent No.1, is without lawful authority and of no legal effect. As election of the Executive Committee is due in the normal course, we direct the Director, Social Welfare, Government of Sindh, or his nominee to hold election of the Executive Committee in terms of the constitution of the petitioner within a period of two months, on the basis of the members who are enrolled upto this date. M.B.A./A‑753/K Order accordingly.