TILAK RAJ SHARMA Vs. STATE

JUDGEMENT

(1.) Writ petition has been filed, praying for direction to quash the order suspending the Notary Licence of the petitioner during the pendency of enquiry, No. LD(Notary) 87/2 dated 5-7-2002.

(2.) The main submissions made in the writ petition are that the petitioner is a political activist and a Public Notary, practising in District Courts at Jammu since 1986. A false complaint was lodged by one Pritam Lal Gupta, on the ground that two affidavits attested by the petitioner, do not bear the registration number and signatures of the identifier. In pursuance of the complainant, a show cause notice was issued to the petitioner on 5-7-2002, requiring the petitioner to explain why action be not taken against him under Notary Act and rules and pending enquiry the licence of the petitioner was kept in suspension. It is this show cause notice which is submitted to have been issued on account of mala fide, in an arbitrary and illegal manner, out of political vengeance, which is prayed to be quashed.

(3.) In their objections, the stand of the respondents is that on a complaint filed by one Pritam Lal Gupta, that two affidavits attested by the petitioner, do not bear the signatures of the identifier and registration number, which action constitutes professional misconduct under Section 10 of the Notaries Act and rules framed there under, in order to ascertain the facts, merely a show cause notice was issued requiring the petitioner to submit his explanation. As no final orders have been passed, therefore, the writ petition is not maintainable merely on the issuance of show cause notice. It is further submitted that, in order to scuttle, the enquiry, petitioner has filed the present petition, challenging the issuance of show cause notice and has secured a stay order on 15-7-2002 and thereafter neither, has submitted his explanation, nor has associated with the enquiry, in order to ascertain the facts. The conduct of the petitioner, by staying away from the enquiry proceedings, has made it impossible for the respondents to proceed with the matter and settle the controversy under law and rules. It is vehemently denied that any action has been taken against the petitioner on political basis. On these submissions, it is prayed that the writ petition, which is not maintainable, be dismissed.