The power to suspend lies in the authority who has the power to appoint — Hafiz Hassan

SEPTEMBER 23 — The Negeri Sembilan government yesterday suspended the state secretary and state legal adviser with immediate effect.

Menteri Besar Datuk Ismail Lasim said the decision was made unanimously at a special meeting of the State Executive Council (MMKN).

Menteri Besar Datuk Ismail Lasim said the Negeri Sembilan government yesterday suspended the state secretary and state legal adviser with immediate effect. — Bernama pic

Both state secretary and state legal adviser are appointees under the Laws of the Constitution of Negeri Sembilan 1959 (UUTKNS).

Article 37 of the UUTKNS says that they are appointed “by the appropriate Service Commission from amongst members of any of the relevant public services respective Service Commission”.

Reference has to be made to the Eleventh Schedule of the Federal Constitution where Section 29 provides as follows:

“Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:

“Provided that where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.”

Nothing in Article 37 of the UUTKNS provides that the appointments of the state secretary and state legal adviser are “exercisable upon the recommendation or subject to the approval or consent of some other person or authority”.

Even if they are so appointed, the power to suspend them remains in the “appropriate Service Commission” exercisable “upon the recommendation or subject to the approval or consent of” the State Government.

Meanwhile, Section 47 of the Interpretation Acts 1948 and 1967 provides as follows:

“Where a power to make an appointment is conferred by any written law, the appointing authority shall also have power (subject to any limitations or qualifications which affect the power of appointment) to remove, suspend, reappoint or re-instate any person appointed in the exercise of the power.”

Clearly the power to suspend any person appointed lies in the authority who has the power to appoint such person.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.