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PARTH PRATEEM SAHU
Aditya Pandey, S/o. Shri F. C. Pandey – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Law and Legislative Affairs Department – Respondent
ORDER :
1. Petitioner by way of this petition has challenged the legality and sustainability of the order dated 02.06.2022 (Annexure P-1), passed by respondent No.2, whereby, the name of petitioner is removed from Register of Notaries maintained under Section 4 of the Notaries Act, 1952 (Hereinafter referred to as “the Act of 1952”).
2. Brief facts relevant for disposal of this petition are that petitioner was enrolled as an Advocate on 01.04.1996 by the State Bar Council of Madhya Pradesh. He was appointed as a Notary on 30.11.2010 and his place of practice is throughout Tahsil Konta, District – Sukma. The Certificate of Notary was issued for a period of five years, which was renewed on 15.12.2015. Petitioner again submitted an application for renewal of Certificate of Notary before the competent authority i.e. respondent No.3 along with requisite fees. Respondent No.1 issued a letter dated 01.12.2021 to respondent No.3 stating that perusal of register maintained by petitioner it revealed that entry at Sr. No.76, 82, 97, 99, 113, 114, 115, 123, 124, 138, 139 and 149 of the register, thumb impression have not been attested and called reply from the petitioner. In turn respondent No.3
The judgment establishes that the inquiry process under Rule 13 of the Notaries Rules, 1956 is mandatory, and failure to provide the statement of charges to the Notary deprives them of the right to d....
The main legal point established in the judgment is the requirement for the government to form an independent opinion on the professional or other misconduct of a notary public before imposing any pu....
The Notary's attestation of invalid documents amounts to gross misconduct under the Notaries Act, but improper procedures rendered cancellation of his practice illegal.
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