CHATURBHUJA ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) 15.7.1998 - Heard Shri Ratho for the petitioner and Shri K. Patnaik, learned Additional Government Advocate, for the opposite parties.

(2.) THE petitioner in this writ application seeks quashing of notification dated 5th May, 1998 of the Government of Orissa, Law Department (Annexure - 3) temporarily suspending him from notarial practice for a period of six months. His contention is that the impugned order of suspension is illegal and contrary to the provisions contained in Rule 13 of the Notaries Rules, 1956.

(3.) RULE 13 of the Notaries Rules, 1956 provides, inter alia, that enquiry into the misconduct of a notary may be initiated either suo motu by the appropriate Government or on a complaint received and the appropriate Government shall send to the Notary a statement specifying the charge/charges against him requiring him to submit written statement in his defence and thereafter pass appropriate orders. The aforesaid procedure was not followed in the present case and in our opinion there has been violation of the principles of natural justice. The impugned order, therefore, cannot be sustained in law.