HARGOBIND TRAVELS Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petition impugns the order dated 16th September, 2013 of the Secretary, Ministry of Overseas Indian Affairs of the respondent No.1 Government of India exercising powers as an Appellate Authority under Section 23 of the Emigration Act, 1983, of dismissal of appeal preferred by the petitioner against the order dated 31st January, 2013 of the respondent No.2 Protector General of Emigrants (PGE), in exercise of powers under Rule 23 of the Emigration Rules, 1983, of encashing the Bank Guarantee (BG) furnished by the petitioner.

(2.) Notice of the petition was issued and a counter affidavit has been filed by the respondents. The counsels have been heard.

(3.) It is the case of the petitioner, (i) that it was registered on 22nd July, 2001 as a Recruiting Agent, as defined under Section 2(l) of the Emigration Act, to recruit workers from India for the purposes of overseas employment; (b) that it had furnished the Bank Guarantee aforesaid as security, as required to be furnished while registering as a Recruiting Agent; (c) it was carrying on business as a Recruiting Agent from Chandigarh; (d) notices dated 1st November, 2011 and 9th December, 2011 were issued by the respondent no.2 PGE asking the petitioner to show cause as to why its Registration Certificate should not be cancelled for the reasons given therein; (e) though the petitioner filed a reply to the said show cause notices (no copy of which has been filed along with the petition and the receipt whereof is denied by the respondents) but the respondent no.2 PGE vide order dated 4th May, 2012 cancelled the Registration Certificate of the petitioner and issued further notices to the petitioner to show cause as to why the BG submitted by it should not be forfeited and vide order dated 31st January, 2013 ordered invoking of BG and encashed the BGs for Rs.10 lacs; and, (f) that the petitioner preferred an appeal under Section 23 of the Emigration Act to the Secretary, Ministry of Overseas Indian Affairs, Government of India but which was also dismissed vide impugned order dated 16th September, 2013.