UNION OF INDIA THROUGH ITS SECRETARY, DEPARTMENT OF CIVIL AVIATION Vs. EX-ARMYMEN S PROTECTION SERVICES PRIVATE LIMITED THROUGH ITS MANAGING DIRECTOR, SUNIL KUMAR SINHA, SON OF

JUDGEMENT

(1.) Questioning the defensibiiity of the order dated 27.10.2009 passed by the learned Single Judge in CWJC No. 5221 of 2009, the present appeal has been preferred under Clause X of the Letters Patent.

(2.) Sans unnecessary details, the facts which are essential to be exposited are that the respondent no. 1, Ex- Armymen's Protection Services Private Limited, was granted security clearance by the Bureau of Civil Aviation Security, Ministry of Civil Aviation, Govt, of India (hereinafter referred to as 'the BCAS') for a period of five years. On the basis of the grant of the said security clearance, the respondent-company entered into an agreement with the aircraft operators for doing business of ground handling agency at many an Airport for various Airline Operators in the country. The security clearance granted in his favour was withdrawn on 27.11.2008 which came to be assailed in CWJC No. 758 of 2009. The learned Single Judge expressing the view that the security clearance could not have been withdrawn without following the principles of natural justice allowed the writ petition. The learned Single Judge further opined that the material that was available in the file or in the order shown would, in fact, not justify an emergent action and hearing could not be dispensed with and further there should have been disclosure of grounds as the same in the obtaining factual matrix cannot be regarded as an empty formality. Being of this view, he further directed that there should be disclosure of the material but the writ petitioner would not be entitled to question as to the source of the information from which the material had been gathered by the respondents.

(3.) Be it noted, while invoking the doctrine of post-decisional hearing, the learned Single Judge directed that the interim order passed during the pendency of the writ petition shall continue to operate.