ROHIT KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed for quashing/setting aside initiation of suo motu proceedings No.4/2011 and the show cause notice with statement of charges dated 20.09.2011 (Annexure -4) issued by the Competent Authority on the ground that the suo motu proceedings is an outcome of non -application of mind, improper consideration of ground reality and without authority/jurisdiction.

(2.) PETITIONER s case in a nutshell is that the petitioner was appointed as a Notary, Angul bearing Registration No.ON -09/2002 by theState Government and was duly authorized to practise as a Notary under the provision of Notaries Act, 1952 (for short, Act, 1952 ) and the Notaries Rules, 1956 (for short, Rules, 1956 ) for a period of 5 years which is renewable from time to time. While discharging his duty as Notary, the petitioner on 22.01.2011 had authenticated two notarial affidavits of marriage and a deed of agreement between Mamata Kumari Singh and Rajkishore Naik declaring therein that they have married to each other. The said Mamata and Rajkishore were also present when both the affidavits and agreement were presented before the petitioner by one Sambhunath Behera, Advocate of Angul Bar Association. Learned Advocate Sambhunath Behera also submitted the birth certificate of Mamata and Rajkishore. After verifying the contents of the said affidavits and agreement and both of them having identified by Advocate Sambhunath Behera, the petitioner authenticated the above affidavits and agreement in presence of two witnesses, who claimed to be the well wishers of both Mamata and Rajkishore.

(3.) WHILE the situation remains thus, the mother of Mamata Kumari Singh filed a complaint case bearing ICC No. 54 of 2011 before the learned S.D.J.M., Angul protesting the said marriage on the ground that her daughter Mamata is a minor and has been kidnapped by accusedRajkishore Naik. The learned S.D.J.M., Angul directed the Police to register the complaint as an F.I.R. and take up investigation. In course of investigation, the accused Rajkishore Naik was arrested by the Police where -after BLAPL No. 14855 of 2011 was filed before this Court for his release. This Court on 19.08.2011, while directing release of the accused kept the bail application pending and directed the learned Addl. Government Advocate to obtain instruction from the Law Department as to whether the Notaries have authority to allow the notarial affidavit evidencing solemnization of marriage even in case of minor girls without verifying the records regarding their age and whether any action can be taken against such Notaries. This Court also directed the Law Secretary to issue notices to the petitioner and one K.R. Mishra, Notary, Talcher to find out as to whether they have verified the record regarding the age of the victim in G.R. Case No.386 of 2011 pending in the Court of learned S.D.J.M., Angul before allowing Notarial affidavits of marriage between Rajkishore Naik and Mamata Kumari Singh and submit the report within 3 days. Pursuant to the order dated 19.08.2011 of this Court, the Deputy Secretary, Law Department, Government of Orissa vide their Notice dated 27.08.2011 (Annexure -2) directed the petitioner to appear before the Principal Secretary -cum -Competent Authority, Law Department on 07.09.2011 along with relevant records and documents in order to appraise as to whether the petitioner had verified any materials regarding age of victim -Mamata Kumari Singh in G.R. Case No.386 of 2011 before allowing the Notarial Affidavit of Marriage between Rajkishore and Mamata. In response to the above notice (under Annexure -2), the petitioner appeared before the Competent Authority on 07.09.2011 and submitted his explanation. Thereafter, show cause notice dated 20.09.2011 along with statement of charges under Rule 13(4 -A) of the Rules, 1956 was issued in pursuance of the orders of the State Government dated 08.09.2011. The State Government has initiated a suo motu proceedings against the petitioner for authenticating two marriage affidavits evidencing solemnization of marriage without verifying the records regarding the age of the girl which constitute gross misconduct/unbecoming on the part of the Notary. The petitioner has been further noticed to show cause within 14 days from the date of receipt of the same as to why action as prescribed under law shall not be taken against him for the aforesaid misconduct. Hence, the present writ petition.