JUDGMENT :

VIBHU BAKHRU, J

1. The petitioner has filed the present petition impugning an order dated 16.08.2017 (hereafter ‘the impugned order’) passed by the Appellate Authority, rejecting the petitioner’s appeal against an order dated 02.03.2017 passed by respondent no.2 (the Protector General, Emigration – hereafter ‘PGE’). By the aforesaid order dated 02.03.2017, the PGE had upheld the decision to forfeit the bank guarantee furnished by the petitioner and had rejected the petitioner’s request for revoking the said action.

2. It is the petitioner’s case that it had furnished the bank guarantee in terms of Section 11(3) of The Emigration Act, 1983 (hereafter ‘the Act’) and the same could be forfeited for meeting the expenses for repatriation of emigrants recruited by the petitioner for meeting any claim raised by them. The petitioner submits that none of the emigrants recruited by the petitioner have raised any claims and no expenses have been incurred on such emigrants. It is contended that in the circumstances, the action of respondents in invoking the bank guarantee furnished by the petitioner and retaining the funds is illegal and ought to be set aside.

Factual Background

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