IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 26324 of 2011(M) ------------------------------------------ PETITIONER(S): ------------------------- S.RADHAKRISHNAN,S/O.SREEDHARAN, FLAT NO.6B,SFS,MYD,PATTOM,THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): ---------------------------- 1. UNION OF INDIA REP.BY SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS,PRAVASI BHARATHIYA KARYA MANTHRALAYAM,AKBAR BHAVAN, CHANAKYAPURI,NEW DELHI-110 021. 2. THE PROTECTOR GENERAL OF EMIGRANTS, MINISTRY OF OVERSEAS INDIAN AFFAIRS,PRAVASI BHARATHIYA KARYA MANTHARALAYAM,AKBAR BHAVAN, CHANAKYAPURI,NEW DELHI-110 021. 3. PROTECTOR EMIGRANTS,MINISTRY OF OVERSEAS INDIAN AFFAIRS,T.C.24/846(I),THYCAUD.P.O, THIRUVANANTHAPURAM-695 014. R1 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA BY ADV. SRI.P.M.M.NAJEEB KHAN, ADDL.CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26324/2011 M APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: THE TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION NO.B-PER/1000+5/6984/2005 DATED 29.01.2010. EXHIBIT-P2: THE TRUE PHOTOCOPY OF THE LETTER NO.1/8/2007-POE(T) DATED 22.02.2010. EXHIBIT-P3: THE TRUE PHOTOCOPY OF THE SUSPENSION ORDER NO.1-11011/ 6984/05/PGE DT.02.03.2010. EXHIBIT-P4: THE TRUE PHOTOCOPY OF THE REPLY FILED ON 15.03.2010 TO THE EXT.P3 SUSPENSION ORDER DT.02.03.2010. EXHIBIT-P5: THE TRUE PHOTOCOPY OF THE EXTENSION OF SUSPENSION ORDER NO.1-11011/6984/05 PGE-1 DT.30.03.2010. EXHIBIT-P6: THE TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE NO. 1-11011/6984/05 PGE-1 DATED 5.5.2010. EXHIBIT-P7: THE TRUE PHOTOCOPY OF THE OBJECTION FILED ON 19.05.2010 BEFORE THE 2ND RESPONDENT. EXHIBIT-P8: THE TRUE PHOTOCOPY OF THE ORDER NO.1-11011/6984/05/PGE 1 DT.20.05.2010 CANCELLING THE REGISTRATION CERTIFICATE. EXHIBIT-P9: THE TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM FILED BEFORE THE IST RESPONDENT IS ON 03.06.2011. EXHIBIT-P10:THE TRUE PHOTOCOPY OF THE ORDER NO.C-16016/9/2011-VIG DT.23.09.2011. EXHIBIT-P11:THE TRUE PHOTOCOPY OF THE AUTHORIZATION GIVEN TO MR.PRABHAKARAN BY THE PETITIIONER ON 10.10.2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).26324/2011 .............................................. Dated this the 21st day of October, 2011 JUDGMENT Petitioner is a recruiting agency which has granted certificate of registration under Section 11 of the Emigration Act. They were issued Ext.P6 show cause notice proposing to cancel the certificate of registration, and before issuing such notice, the certificate was already suspended. To this show cause notice petitioner submitted Ext.P7 reply. Considering the allegations against the petitioner and in the light of the explanation offered, Ext.P8 order was issued by the second respondent cancelling the certificate of registration. Aggrieved by this order, petitioner filed Ext.P9 appeal, which was also dismissed by Ext.P10 order. It is in these circumstances, the writ petition is filed. 2. The nature of the allegations and the nature of the explanations offered, are narrated in Ext.P8 order which read as under:- whereas the following documents submitted by the R.A for emigration clearance have been W.P.(C).26324/11 2 examined in consultation with the concerned authorities: date Visa No. Name of Sponsor Profession 30.12.2009 222379/62 Talent Electrical Services Electrician 08/01/10 269609/62 Talent Electrical Services Electrician 06/01/10 281617/62 Talent Electrical Services Electrician 06/01/10 206586/62 Talent Electrical Services Electrician Whereas on verification sought from Consulate General of Oman in India it is seen that the name of the sponsor as also the profession has been altered as follows, clearly showing tampering with valid documents submitted to a Government Authority; were altered. As per information received from Consulate General of Oman in India, name of the sponsors are as follows: date Visa No. Name of Sponsor Profession 30.12.2009 222379/62 Khalan Trading & Construction Electrician 08/01/10 269609/62 Al Hooriyh Al Watniyh Trading Painter 06/01/10 281617/62 Shawad Majan Services Employment 06/01/10 206586/62 Shawad Majan Services Worker Whereas in reply to the order cum show cause notice dated 2.3.2010 suspending the RC for 30 days the R.A's reply dated 15.3.2010 has been received stating that the R.A is totally unaware as to how the irregularity in the emigration clearance of four electricians who were sponsored by Talent Electrical Services, Oman had happened and that W.P.(C).26324/11 3 on receipt of demand letter and after due clearance from POE (TVM) passports with valid employment visa were submitted for ECNR endorsement. The RA has admitted that apparently some kind of alteration/forgery took place at some level resulting in variation of trade and name of sponsors but the R.A is not aware who did the alteration, or when and where. The R.A has requested for further verification of visas. In this regard under the Emigration Act, 1983 the RA alone and fully is responsible for the correctness and genuineness of the details and documents he has submitted for emigration clearance to the Protector of Emigrants.” 3. Thus, it was because the petitioner had falsified and tampered with original documents, violating Rule 10 of the Emigration Rule, 1983, certificate of registration was cancelled by the second respondent exercising his powers under Section 14 of the Act. Aggrieved by this order, petitioner filed Ext.P9 appeal before the first respondent, the appellate authority, under Section 23 of the Act. After affording an opportunity of hearing to the petitioner, appeal was rejected by Ext.P10 order, the operative portion of which reads as under:- W.P.(C).26324/11 4 “Having considered the arguments given by the learned counsels as well as having examined the appeal and counter affidavit, I am of the opinion that Protector General of Emigrants has passed a duly considered order based on rules and regulations as applicable in this particular case. The entire system of emigration as per the Emigration Act, 1983 and rules framed thereupon is to have a fair and transparent emigration framework. Misuse of the system involving forgery or forged documentation strikes at the very roots of the system itself. In this particular case, based on facts as produced on the functioning of this particular RA within the Emigration Act, was found not to be conducive by the competent authority. Doubts may be raised on the matter of the representative of the Agency however the matter of forgery as reported by Indian Mission remains a fact. I am therefore, no inclined to overturn the orders of the competent authority in this case and therefore hereby dismiss the appeal.” 4. Although the learned counsel for the petitioner contended that the grounds on which Ext.P8 order of cancellation was issued are unsustainable, a reading of Ext.P8 itself show that there was a W.P.(C).26324/11 5 complaint of fabrication of documents, that documents were altered, has been admitted by the petitioner himself, which act has been found by the Registering Authority as an act in violation of the provisions of the Emigration Rules. So long as these facts remain undisputed, I am not persuaded to think that the Registering Authority had erred in ordering cancellation of the registration or in confirming the order of dismissal. Writ petition is dismissed accordingly. ANTONY DOMINIC, Judge mrcs