1. The grievance of the petitioner is that he is a clearing agent and his license has been suspended in an arbitrary manner with the following order:- View Agent Details Collector Code: KCUS Number: 2034 Name: AHBAB ENTERPRISES Address: 43-A, AZIZ CHAMBER, 2ND FLOOR, OPP. CITY COURT KARACHI.
2. Cnt Prsn: KAMAL FARHAT AND MR. MOHD. ASLAM Phone#: 7724959-7731778 Designation: PARTNER Lie. Expiry Date: 31/12/2006 (DD/MM/CCYY)
3. Record Status: S ('A' active 'C' cancel 'S' suspend)
4. F12 cancel)."
5. Since the point involved is short therefore, we have heard the entire petition at Katcha Peshi stage. - Mr. Abdul Ghaffar Khan, learned counsel for the petitioner has submitted that by the order reproduced above a decision has been communicated to the petitioner that his license stands suspended and thereby his source of earning livelihood has been taken away without due course of law.
6. He has submitted that it is violative of the fundamental rights guaranteed to every citizen in the Constitution and the order is violative of Section 24A of the General Clauses Act, 1897, which is not sustainable in law. He has stated that a similar issue stands decided by a Division Bench of this Court in the case of Abdul Ghaffar Bhundi v. Federation of Pakistan 2006 P.T.D. 437. In the cited case the operation of the licence was suspended by a Circular but it did not contain any reason, therefore, it was held that it is a bald order, bereft of any reasons, and does not conform to the mandatory requirements of Section 24A of the General Clauses Act, 1897. Lt was further held that any order which does not contain any reason and does not show that it is passed on objective consideration, shall always be treated as arbitrary and result of misuse of authority vested in the public functionary. There is no room for such arbitrary orders in any system of law.
7. Mr. Abdul Ghaffar Khan has contended that the ratio of the cited judgment is on all fours to the facts and circumstances of the present case.
8. Mr. Haider Iqbal Wahniwal has supported the impugned order. He has contended that the order is to be examined on the test of reasonability and according to him sufficient material was available with the competent authority for suspension of the petitioner's license.
9. The learned Federal Counsel has not supported the impugned order for the reason that it has merely communicated the decision and does not contain any reason whatsoever, for taking decision.
10. We are persuaded to agree with the contention of Mr. Abdul Ghaffar Khan, learned counsel for the petitioner. We strongly deprecate passing of such orders on the part of public functionaries and direct the Chairman of C.B.R, to take strict disciplinary action against the officers passing such arbitrary orders, which are clearly violative of Section 24A of General Clauses Act, as well as of the protection guaranteed to the citizens in the Constitution which provides that every body is to be dealt with in accordance with law and every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, It is specified in Article 18 of the Constitution of Islamic Republic of Pakistan, that the business of profession may be regulated by a licensing system. We find that a licensing system has been devised under the Customs Rule, 2001 Chapter VIH of the Rules deal with the Customs Agents Licensing and it is provided in Rule 104 that the licensing authority may in case where immediate action is considered necessary against a licensee, suspend his licence forthwith pending final action under rule 103. The words "consider necessary", are indicative of the intention that before passing such a harsh order snatching away the source of earning the matter shall be considered and reason shall be recorded in the order.
11. As the impugned order does not conform to the requirements of justice and fair play and is violative of the fundamental rights contained in the Constitution as well as Rule 104(3) of the Customs Rules, 2001, and Section 24A of the General Clauses Act, therefore, the impugned order is hereby struck down as invalid and inoperative. The petition is allowed accordingly.
12. However, we would like to observe that the respondent No. 2 shall be at liberty to initiate fresh proceedings against the petitioner after issuance of a show- cause notice and providing reasonable opportunity of being heard and thereafter, if satisfied that the circumstances so exist may pass an appropriate speaking order strictly in accordance with the provisions contained in Rules 103 and 104 of the Customs Rules, 2001, and Section 24A of the General Clauses Act, 1897.
13. A copy of this order be sent to the Chairman C.B.R, for taking appropriate disciplinary action as deemed fit against the officer concerned, for passing arbitrary order. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.