MOHAMMAD SULTAN ASIM Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellant has been practicising as a Notary Public by virtue of a licence issued to him by the State. A complaint was filed by the President Bar Association of the High Court of Jammu and Kashmir, Srinagar alleging that the appellant has indulged in misconduct, malpractice and toutism as a Notary. On the direction issued by Hon'ble the Chief Justice an on spot inspection was conducted on 03.12.2005. It was found that gross irregularities were committed by the appellant in league with two shopkeepers situated near Saddar Court Complex. According to the inspection report, the shopkeepers were using the seal and signature of the Notary with impunity even without the presence of executants of the documents. It was also found that the appellant had not maintained his Notary Register properly as per the Notary Rules. Consequently, the Lord Chief Justice recommended to government for the cancellation of his appointment as Notary under the Notaries Act, 1952. In pursuance of the recommendation, Government suspended his licence vide order No. 906-LD (Notary) of 2006 dated 01.03.2006, pending the finalization of enquiry.

(2.) A show cause notice has also been issued to the appellant on 09.08.2006, asking him to explain why his Notary licence be not cancelled. The reply to the show cause notice has been submitted by the appellant on 15.09.2006. The enquiry is stated to be in progress. In the aforesaid facts and circumstances, the learned Single Judge has dismissed the petition by rejecting the argument that the order passed by the Government on 01.03.2006 was not in accordance with the provisions of the Act and the Rules framed thereunder. The other argument that the Government has no power to suspend the Notary licence, was also rejected by the learned Single Judge.

(3.) THE appeal is disposed of in the aforesaid term.