M/S Habsons Jobsup Ltd. vs Union Of India And Anr
2011 Latest Caselaw 3451 Del

72.
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 5074/2011 & CM No.10273/2011 (for stay).

      M/S HABSONS JOBSUP LTD.                     ..... Petitioner
                    Through: Mr. S. Azad & Ms. Aprajita, Adv.

                                     versus

      UNION OF INDIA AND ANR                      ..... Respondents
                    Through: Mr. A.S. Chandhiok, ASG with Mr.
                             Sunil Kumar, Mr. Ritesh Kumar, Mr. S.
                             Singh, Mr. Nipun Bakhi & Mr. Rajiv
                             Misra, Adv. for UOI.
      CORAM:
      HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

                                  ORDER

% 20.07.2011

1. The challenge in this petition is to the order dated 24 th / 28th June, 2011

suspending for a period of 30 days the Registration Certificate issued to the

petitioner. The Certificate was issued under the Emigration Act, 1983 and

permitted the petitioner to recruit workers for overseas employment. The

petitioner in the petition itself admits that the said order is appealable under

Section 23 of the Act. It is however contended that the appeal is not an

efficacious alternative remedy owing to the urgency. It is contended that the

Royal Embassy of Saudi Arabia has published a Notice dated 13 th July,

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2011 informing that a delegation of Ministry of Health is scheduled to arrive

in India by 14th September, 2011 for recruiting Consultants, Specialists and

Resident Doctors to work in various hospitals and Health Centers in Saudi

Arabia. It is urged by the counsel for the petitioner that the petitioner is being

prevented from participating in the aforesaid recruitment by the Embassy of

Saudi Arabia.

2. Ld. ASG appearing on advance notice has contended that the period of

suspension is to come to an end on 27th July, 2011 and the present petition has

been preferred after nearly three weeks of the order and is as such infructuous

now. It is also contended that in view of the availability of alternative remedy

of appeal, the petition ought not to be entertained. Attention is invited to

Section 14(2) of the Act whereunder the respondents are entitled to suspend

operation of the Certificate without hearing but for a period not exceeding 30

days. It is contended that the notice given to the petitioner in the order dated

24th /28th June, 2011 is to show cause against cancellation and not to show

cause against extension of suspension; that thus the fears expressed by the

counsel for the petitioner of extension of suspension are misplaced.

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3. The counsel for the petitioner has contended that reply to the show cause

notice has been filed but no decision thereon is being taken, to keep the

petitioner under suspension and thereby prevent the petitioner from carrying

on business. It is contended that earlier also a notice dated 25 th December,

2010 on the same lines as the order dated 24th/ 28th June, 2011 was given but

no decision was taken thereon and on the contrary the petitioner was suddenly

placed under suspension.

4. Ld. ASG has stated that the decision in pursuance to the show cause

notice shall be taken in accordance with the provisions of the Act within two

weeks and hearing as sought by the petitioner shall be given on 27th July, 2011

at 1500 hours.

5. In view of the aforesaid, need is not felt to entertain this petition since

the petitioner in the next seven days is not required to take any steps for

recruitment as aforesaid. Binding the respondents to their statement aforesaid,

the petition is disposed of. The petitioner if remains aggrieved from the

decision so taken by the respondents, shall have remedies in law.

No order as to costs.

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CM No.10304/2011 (for exemption).

Allowed, subject to just exceptions.

RAJIV SAHAI ENDLAW,J

JULY 20, 2011 pp..

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