MAHENDRA KUMAR SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner impugns the letter dated 17-10-2008 (Annexure-P/16) by which the Additional Secretary, Department of Law and Legislative Affairs intimated the Under Secretary, Department of General Administration with regard to cancellation of appointment of the petitioner on the post of Notary on the basis of complaint received against him and appointment of one Venkat Prasad Gupta. The petitioner further challenges the communication dated 27-10-2009 (Annexure-P/20) by which the petitioner has been intimated about the rejection of his representation. The petitioner also prays for setting aside the Notary Profession Certificate issued in favour of the respondent Venkat Prasad Gupta and to appoint him on the post of Notary as per the proceedings of the note sheet dated 19-8- 2008 (Annexure-P/8).

(2.) THE facts, in brief, for adjudication of the case, are that after completion of LL.B. degree, the name of the petitioner was enrolled as an Advocate bearing enrollment No. CG/2247/1998/Adv., as is evident from the Advocate Identity Card (Annexure-P/3). On the basis of memo dated 8-5-2008 (Annex ure -P/4) issued by the Clerk of Court, office of the District and Sessions Judge, Janjgir- Champa, with regard to two vacant posts of Notary, the petitioner along with others applied for the same. According to the petitioner, after completion of all formalities, the petitioner was selected and his name found place at S. No. 1, as per the proceedings dated 19-8-2008 (Annexure-P/8). In the meantime, one Maheshwar Shukla (respondent No. 6 herein) filed a complaint against the petitioner stating that the petitioner is not having requisite experience. On the basis of the said complaint, the candidature of the petitioner has been rejected and in his place one Venkat Prasad Gupta (respondent No. 4 herein) has been appointed as Notary. Thus, this petition.

(3.) I have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto.