SANDAL TRAVEL PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appeal is directed against the impugned order of the learned single Judge dated 11.9.2013 dismissing the writ petition filed by the appellant under Article 226 of the Constitution of India. The concerned authorities of the Union of India vide an order dated 25.3.2013 had cancelled the eligibility letter of the appellant -Company and rejected the application for grant of registration certificate as a recruiting agency under the Emigration Act, 1983. Appeal filed against the order dated 25.3.2013 was dismissed on 22.8.2013.

(2.) A perusal of the impugned order shows that two brothers Mukesh Sharma and Rajesh Sharma were the Directors of the appellant -Company but they resigned in the year 2011, inducting one Shri Pushpender Singh and Sonia Sharma, wife of Mukesh Sharma as Managing Director and Director, respectively. The impugned action was taken as the application of the appellant was found to be based on misrepresentation and concealment of facts. The finding is that the material aspect concealed was an FIR lodged dated 13.7.2008 under the Prevention of Corruption Act as well as the Passport Act against Shri Mukesh Sharma. This arose out of the activities as a recruiting agent on the basis of complaint arising from Indian mission in Abu Dhabi. Smt. Sonia Sharma was, thus, obviously inducted when it was known that the FIR registered against Shri Mukesh Sharma would result in the appellant -Company being not getting the eligibility certificate. Not only that, the other Director is actually an ex -employee of the Company. Thus, these two persons have been set up only as a front in the Company to get over the disqualification.