Y.P. BAIJU Vs. UNION OF INDIA

JUDGEMENT

(1.) Ext.P12 order of suspension-cum-show cause notice issued to the petitioner by the second respondent invoking his powers under Section 14(2) of the Emigration Act ('the Act') is under challenge in this writ petition.

(2.) The petitioner is a recruiting agent registered under Section 10 of the Act. It is alleged by the second respondent in Ext.P12 notice that several complaints have been received against the petitioner; that notices have been issued to the petitioner for having violated the provisions contained in Section 24(f) and 24(g) of the Act; that the petitioner, instead of settling the complaints, has been reported to threaten some of the complainants; that the Commissioner of Police, Kochi has been requested, in the circumstances, to register an FIR against the petitioner and that therefore, the petitioner does not appear to be a fit person to continue to hold the certificate of registration. As per Ext.P12 order of suspension-cum- show cause notice, the registration of the petitioner has been suspended for a period of thirty days and he was directed to show cause within fifteen days as to why the suspension of registration should not be extended till the determination of the question as to whether the registration should be cancelled. The petitioner challenges Ext.P12 order of suspension-cum-show cause notice in this proceedings under Article 226 of the Constitution, on three grounds. The first ground of the petitioner is that before issuing an order in the nature of Ext.P12, the second respondent was obliged to comply with the provisions contained in sub section (5) of Section 14 of the Act and since the same has not been done, the order is without jurisdiction. The second ground is that an order in the nature of Ext.P12 should not have been passed without notice to the petitioner. The third ground is that the order infringes the fundamental rights guaranteed to the petitioner under Article 19(1)(g) of the Constitution.

(3.) Heard the learned counsel for the petitioner as also the learned Assistant Solicitor General appearing for the second respondent.