SUNEER E Vs. UNION OF INDIA

JUDGEMENT

(1.) Under the provisions of the Emigration Act, 1983, (in short 'the Act'), petitioner was given a certificate of registration under Section 11 of the Act. While furnishing the said certificate in terms of the provisions contained under Section 11(3), petitioner had furnished a bank guarantee for Rs. 5 Lakhs which is kept valid even now. In the meanwhile, on the allegation that irregularities were committed, the registration was suspended. Thereafter, notices were issued and reply was filed by the petitioner and finally Ext. P10 order was issued by the second respondent cancelling Ext. P1 certificate of registration. Ext. P10 order concludes thus:

(2.) Petitioner filed his reply to the show cause notice for forfeiture of the bank guarantee, a copy of which is Ext. P11. After receipt of Ext. P11, the second respondent issued Ext. P12 order forfeiting bank guarantee and the concluding portion of the order reads thus:-

(3.) As far as Ext. P10 order is concerned, though there is a prayer to quash the same, I am not inclined to consider such prayer for the reason that the order is appealable under Section 23 of the Act and therefore, it is for the petitioner to work out his remedy before the Appellate Authority.