PHAGU RAM Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) SHRI Phagu Ram, Advocate, Petitioner by, means of this petition. under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 22nd April, 1964, of the Punjab Government Under Section 10 of the Notaries Act, 1952 (No. L111 of 1952) -hereinafter referred to as the Act -where by the name of the Petitioner was removed from the register of notaries maintained by the Government under Section 4 of the Act.

(2.) THE Petitioner is practising as an Advocate in Ludhiana since 1953; He was appointed a notary under Section 3 of the Act by the Punjab Government on 22nd September, 1960, for the district of Ludhiana. The term of the Petitioner on application made by Mm was renewed for a further period of three years from 22nd September, 1988. On 7th November, 1962, Shri Om Parkash Puri, Advocate, Respondent No. 3, whose wife is an Oath Commissioner, made a complaint to the Punjab Government against the Petitioner containing the following allegations:

(3.) MR . Aggarwal, Learned Counsel for the Petitioner, has argued that the Petitioner being a notary appointed under the, Act should be deemed to hold a civil post under the State of Punjab and as such he could not be removed from the register of notaries without complying with the requirements of Article 311 of the Constitution. In my opinion this contention is not well -founded. The notaries are appointed under Section 3 of the Act according to which the Central Government may appoint a notary for the whole or any part of India, and any State Government for the whole or any part of the State. Section 5 shows that every notary, who intends to practise as such, has to pay the prescribed fee and thereupon his name is entered in the Register maintained) by the Government, under Section 4 of the Act. Sub -section (1) of Section 8 specifies the functions of notaries, and reads as under: