Registration of CNG Station

2013 PLC 178 ISLAMABAD Judicial Precedent

Ss. 4, 12(3) & 46Constitution of Pakistan, Art.199Registration of CNG StationClaim for exemption from registration

Institution registered the petitioner/CNG Station by declaring five permanent employees of the petitioner Station, despite petitioner stressed upon his inability to hire more than three employees for running the Station

Petitioner was registered by the Institution unilaterally and without proper inquiry

Validity

Stance of the Institution itself was contradictory, inconsistent and dubious as well

No definite conclusion was on record with regard to strength of employees of the petitioner and through evasive assessment, whimsical approach and misleading calculation, strength of employees had been presumed to be one which required registration and recovery of contribution

Authority created under the statute, could not be allowed to proceed in any matter, in a mechanical fashion and presumptive facts

Present matter was crude example of exercise of authority in an arbitrary manner

No sanctity was attached to the proceedings carried out by the Institution

Impugned order was set aside and case was remanded to the Institution to hold proper inquiry, before registration of petitioner for the purposes of contribution

Petitioner, must be provided an opportunity of hearing and chance to rebut evidence, collected by the Institution for the purpose of registration and issuance of notification thereof.