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Section 16 of the General Clauses Act lays down a rule of implied authority in respect of appointments. The rule is that:
Answer & Solution
Correct answer: B.
1. Section 16 provides: 'Where, by any Central Act or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the **authority having for the time being power to make the appointment shall also have power to suspend or dismiss** any person appointed whether by itself or any other authority in exercise of that power.'
2. So the power to appoint includes the implied power to suspend or dismiss — the two ends of an employment relationship are held by the same authority.
3. Options B, C and D invent restrictions not in the section.
4. The rule is rooted in the maxim that the power to dismiss is incidental to the power to appoint.
_Source: ICSI CS Executive — Lesson 4, 'Power to appoint to include power to suspend or dismiss (Section 16)', p. 110._
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