AERO TRAVEL SERVICES AND PARTNERSHIP FIR Vs. PROTECTOR GENERAL OF EMIGRANTS REGISTERING AUTHORITY MINISTRY OF OVERSEAS INDIAN AFFAIRS OFFICE OF PROTECTOR GENERAL OF EMIGRANTS

JUDGEMENT

(1.) THE challenge is to an order passed by the respondent dated 22.10.2009, which is a Show Cause Notice and an order of suspension of the petitioner-s Registration Certificate for an indefinite period and granting opportunity to the petitioner to show-cause within a period of 15 days from the date of receipt copy of the order as to why the Registration Certificate should not be canceled.

(2.) THE petitioner is stated to be a partnership firm and has been granted a Registration Certificate by the respondent to act as Recruiting Agent under Sec.11 of the Emigration Act. THE license was initially granted for a period of three years and stated to have been extended subsequently from time to time. Show Cause Notice was issued to the petitioner on 13.08.2009 granting 15 days time to the petitioner to submit his explanation as to why the registration should not be canceled. This show-cause notice was based on the complaints given by three persons. Petitioner in his reply dated 28.08.2009 stated that during the holy month of Ramadhan the companies in Gulf countries work only for half a day and therefore, response is slow for the said letter. THE petitioner also requested to forward the copy of the complaint which has been referred in the order of suspension.

(3.) MR. Yashod Vardhan, learned senior counsel appearing for the petitioner would assail the correctness of the impugned order by stating that it has been passed in violation of the principles of natural justice and without application of mind, since the petitioner-s response to the show-cause notice dated 13.08.2009 was not considered. It was further stated that the petitioner had also sought for copy of the complaint received by the respondent and also sought for extension of time. This letter has been received by the respondent on 31.8.2009. Pointing out to this fact, the learned senior counsel would submit that the finding of the respondent in order dated 01.09.2009 stating that the petitioner has not responded to the show-cause notice is factually incorrect. Similarly while passing the impugned order also, there is no reference to the reply given by the petitioner on 02.9.2009, which was received by the authority on 04.09.2009. That apart the learned senior counsel would further submit that the persons who are recruited and sent by the petitioner have not lodged any complaint against the petitioner. Therefore, the learned counsel would submit that the order of suspension of the Registration Certificate is untenable.