IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 22140 of 2009(J) ---------------------------------------- PETITIONER(S): ------------------------- 1. BANCY KUMAR, AGED 50 YEARS, S/O.M.K.VASU, PROPRIETOR, M/S.PULARI AIR TRAVELS, T.C. 25/1664, OPP.HOTEL AMRITA, THYCADU P.O., THIRUVANANTHAPURAM. 2. MOHAMMED JALEEL.K.E., PROPRIETOR, M/S. STARGATE TRAVEL BUREAU, T.C. 9/2519-2, NEAR INDIRA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAUPRAM-695 010. 3. R.ANIL KUMAR, PROPRIETOR, M/S.ROYAL ASIA TOURS & TRAVELS, SARAN CHAMBERS, GULF AIR BUILDING (OLD), VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010. 4. SHAJI MATHEW, PROPRIETOR, SKYWAYS TOURS & TRAVELS, HOTEL MASS COMPOUND, OVER-BRIDGE, THIRUVANANTHAPURAM-695 001. BY ADVS. SRI.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE. RESPONDENT(S): --------------------------- 1. THE SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS, GOVERNMENT OF INDIA, AKBAR BHAVAN, SATYA MARG, CHANAKYAPURI, NEW DELHI. 2. THE DEPUTY SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. THE PROTECTOR GENERAL OF EMIGRANTS, AKBAR BHAVAN, SATYA MARG, CHANAKYAPURI, NEW DELHI. 4. THE PROTECTOR OF EMIGRANTS,THIRUVANANTHAPURAM. 5. THE PROTECTOR OF EMIGRANTS,COCHIN. R1 TO R5 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22140/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXTRACT OF THE COMMON ORDER DTD. 31/1/2009 PASSED BY THE SPECIAL JUDGE, SPE/CBI. P2: COPY OF THE ORDER DTD. 4/2/2009 ISSUED BY R3 IN RESPECT OF THE 1ST PETITIONER. P3: COPY OF THE ORDER DTD. 4/2/2009 ISSUED BY R3 IN RESPECT OF THE 2ND PETITIONER. P4: COPY OF THE ORDER DTD. 4/2/2009 ISSUED BY R3 IN RESPECT OF THE 3RD PETITIONER. P5: COPY OF THE ORDER DTD. 4/2/2009 ISSUED BY R3 IN RESPECT OF THE 4TH PETITIONER. P6; COPY OF THE NEWS REPORT APPEARED IN THE MALAYALA MANORAMA DAILY DTD. 1/08/2009. P7: COPY OF THE APPEAL FILED BY THE 1ST PETITIONER BEFORE R1. P8: COPY OF THE REPLY DTD. 16/02/2009 FILED BY THE 1ST PETITIONER TO THE SHOW CAUSE NOTICE DTD. 4/2/2009. P9: COPY OF THE REPLY DTD. 16/02/2009 FILED BY THE 2ND PETITIONER TO THE SHOW CAUSE NOTICE DTD. 4/2/2009. P10: COPY OF THE REPLY DTD. 13/03/2009 FILED BY THE 3RD PETITIONER TOTHE SHOW CAUSE NOTICE DTD. 4/2/2009. P11: COPY OF THE REPLY DTD. 17/02/2009 FILED BY THE 4TH PETITIONER TO THE SHOW CAUSE NOTICE DTD. 4/2/2009. P12: COPY OF THE ORDER DTD. 20/07/2009 PASSED BY R1. P13: COPY OF THE EXPLANATION DTD. 21/03/2007 GIVEN BY THE 4TH RESPONDENT. P14: COPY OF THE ORDER DTD. 20/06/2008 ISSUED BY THE GOVERNMENT TO THE 4TH PETITIONER. P15: COPY OF THE ORDER DTD. 3/09/2004 ISSUED BY THE GOVERNMENT TO THE 2ND RESPONDENT. P16: COPY OF THE ORDER DTD. 19/02/2007 ISSUED BY THE GOVERNMENT TO THE 2ND RESPONDENT. Kss ..2/- ..2.... WPC.NO.22140/2009 J P17: COPY OF THE ORDER DTD. 16/02/2009 IN CRL.M.P.NOS.108 & 109 OF 2009 IN CC.NO.1/2009. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE LETTER NO.KU/LAB/227/14/2003 DTD. 2/02/2004 ISSUED BY THE EMBASSY OF INDIA, KUWAIT. R1(B): COPY OF THE LETTER NO.ABC/302/2004 DTD. 11/06/2004 ISSUED BY THE ABC-INDO-US ACADEMY. R1(C): COPY OF THE LETTER NIL DATED ISSUED BY NISHA PETER, KANNUR. R1(D): COPY OF THE LETTER DTD. 24/09/2006 ISSUED BY THE EOI, SANA'A. R1(E): COPY OF THE CHARGE-SHEETS RECEIVED IN RESPECT OF THE PETITIONERS. R1(F): COPY OF THE SECTION 14 OF THE EMIGRATION ACT, 1983. R1(G): COPY OF THE REPLY RECEIVED FROM THE PETITIONERS TO THE 30 DAY SUSPENSION ORDER DTD. 4/2/09 (RELEVANT PAGE IS PRODUCED). R1(H): COPY OF THE SAMPLE AFFIDAVIT REQUIRED BY RA SUBMITTED BY THE PETITIONER TO THE POE ALONG WITH THE DOCUMENTS EMIGRATION CLEARANCE OF WORKERS BEING DEPLOYED ABROAD. R1(I): COPY OF THE SECTION 24 OF THE EMIGRATION ACT OFFENCES AND PENALTIES. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.22140 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. Judgment 1.On account of certain proceedings being initiated on the basis of investigation by CBI against the Protector of Emigrants, the petitioners, who are travel agents, were sought to be proceeded under the provisions of the Emigration Act, 1983. The Protector General of Emigrants suspended the registration certificates of the petitioners. The first among the petitioners filed an appeal under Section 23 of that Act before the Government of India. That appeal has been rejected as per Ext.P12. 2.The allegation that is being investigated into by the CBI appears to be that the Protector of Emigrants and certain other officials had carried out certain clandestine transactions. The mere pendency of those criminal proceedings and the WPC22140/09 -: 2 :- facts relatable to that case is made the foundation for the suspension of the registration certificates of the writ petitioners. 3.As rightly noticed by the appellate authority in Ext.P12 decision rendered on the appeal of the first writ petitioner, the certificate of registration can be suspended pending consideration of the question of cancellation of certificate and on being issued a show cause notice, the holder of the registration certificate gets an opportunity to answer the allegations. As noted by the appellate authority, the registering authority had to consider the question of cancelling the certificate. An order of suspension could be continued only because the registering authority has not been able to complete the task of consideration of the question as to cancellation of the certificate. Suspension, as noted by the appellate authority, is an interim arrangement and may be justified in certain circumstances, taking into account the WPC22140/09 -: 3 :- gravity of the allegations. But, the registering authority can never be justified to keep the question of cancellation without being answered for a long time. Suspension, though may not be stigmatic, in the case in hand, it visits the petitioners with huge business loss. This fact has also occurred to the appellate authority as can be seen from the last paragraph of Ext.P12. 4.The petitioners' certificates of registration were suspended in February, 2009. Ext.P12 appellate order was issued on 17.7.2009 on the appeal filed by the first among the writ petitioners. Now, it is more than one year after the suspension. The mere continued investigation by the CBI may not be a ground for the authorities under the Emigration Act, particularly the registering authority, to excuse themselves from deciding the matter finally. Taking the aforesaid facts and circumstances into consideration, it is ordered that the registering WPC22140/09 -: 4 :- authority shall decide on the question of cancellation of the certificates of registration of the petitioners within an outer limit of three months from now. If such decision is not rendered within that time frame, there is no reason why the order of suspension should further continue. It would then be arbitrary and unjust to sustain the orders of suspension. Under such circumstances, it is further ordered that if the question of cancellation of registration is not decided within the aforesaid time frame, the impugned suspension orders in respect of the petitioners would stand vacated after a period of three months from now. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0106