S L GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the Petitioner seeks a writ in the nature of certiorari to quash the order dated 6-8-2009 (Annexure P-1), whereby the name of the Petitioner has been struck off from the Register of Notaries, declaring it to be illegal and inoperative in law and further, to issue a writ in the nature of mandamus restraining the Respondent/State from giving effect to the order dated 6-8-2009 and further to allow the Petitioner to continue as Notary.

(2.) The facts, in nutshell, are that the Petitioner was enrolled as an Advocate by the State Bar Council of the erstwhile State of Madhya Pradesh in the year 1964. The Petitioner has been practising as an Advocate at Surajpur, District Surguja, Chhattisgarh. The Petitioner was later on appointed as Notary by order dated 20-4-1983 (Annexure P-2). Thereafter, his appointment was renewed for three years and thereafter, for five years. The latest renewal of the Petitioner's license as Notary was done vide order dated 6-7-2006 which is valid up to 17-4-2011 (Annexure P-3). The Petitioner received a memo dated 28-4-2004 (Annexure P-4) from the Court of 1st Additional District & Sessions Judge and the Enquiry Officer, Surajpur, District Surguja, in reference to certain complaints pending against the Petitioner. Vide letter dated 30-4-2008 (Annexure P-6), the Petitioner requested to grant some time to enable him to file reply. The Petitioner also filed his reply to the above notice on 8-5-2008 (Annexure P-7). The Petitioner again received a memo dated 15-7-2008 (Annexure P-8) wherein he was directed to produce the Notary Register and other documents stating that in his reply dated 8-5-2008, he has not submitted the aforesaid documents. In response on 18-7-2008 (Annexure P-9), the Petitioner submitted that the old records are not traceable on account of change of his residence and as and when the documents are received, he would submit the same and again sought for some time. The Petitioner also received a notice on 5-1-2009 (Annexure P-10) from the Additional Secretary, Law & Legislative Affairs Department, Government of Chhattisgarh wherein the Petitioner was required to submit his comments on the complaint made by one Shri S.N. Dubey, who happens to be a resident of Ramanuj Nagar. Later on, vide order dated 6-8-2009, the name of the Petitioner from the Register of Notaries was struck off on being found guilty of the misconduct. Thus, this petition.

(3.) Shri Sanjay K. Agrawal with Shri A.K. Prasad, learned Counsel appearing for the Petitioner would submit that the allegations against the Petitioner are vague and baseless. Even the complaints made against the Petitioner was not in proper proforma. Shri Agrawal would further submit that the complaint is mandatorily required to be submitted in Form No. XIII under the provisions of Notary Rules, 1956. The said provision has completely been ignored. Shri Agrawal would further submit that some enquiry was being conducted by the Additional District Judge, wherein Shri S.N. Dubey has stated that he has never made any complaint against the Petitioner.