W.P.(C) 5142/2013

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 08.12.2023

Pronounced on: 09.01.2024

+

W.P.(C) 5142/2013 & CM APPL. 11558/2013

M/S TABISH AIRWAYS

..... Petitioner

Through:

Mr.Mahabir Singh, Sr. Adv.

with Mr.Gagandeep Sharma,

Ms.Preeti Singh, Mr.Amit Nain,

Mr.Veerendra

Kumar

and

Ms.Kumkum

Mandhanya,

Advs.

versus

PROTECTOR GENERAL OF EMIGRANTS AND ANR

..... Respondents

Through:

Mr.Anil Soni, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

J U D G M E N T

1.

This petition has been filed by the petitioner challenging the

Order dated 08.03.2013 (hereinafter referred to as the ‘Impugned

Order’) passed by the Secretary, Ministry of Overseas Indian Affairs,

Government of India, New Delhi (hereinafter referred to as the

‘Appellate Authority’), on an appeal filed by the petitioner herein

under Section 23 of the Emigration Act, 1983 (hereinafter referred to

as the ‘Act’), which in turn challenged the Order dated 24.07.2012

passed by the Protector General of Emigrants (hereinafter referred to

as ‘PGOE’) cancelling the Registration Certificate of the petitioner.

Digitally Signed

By:SUNIL

Signing Date:10.01.2024

11:38:43

Signature Not Verified

W.P.(C) 5142/2013

FACTUAL MATRIX

2.

It is the case of the petitioner that the petitioner was granted a

Registration Certificate on 07.06.2005, permitting the petitioner to

work as a ‘Recruiting Agent’ to recruit workers for overseas

employment during the validity of the certificate, which was upto

06.03.2020.

3.

By a Notice dated 16^th/19^th December, 2011, the PGOE

suspended the Registration Certificate of the petitioner and called

upon the petitioner to show cause as to why the said suspension of the

Registration Certificate granted in favour of the petitioner, be not

extended. The said Show Cause Notice was based on three distinct

allegations against the petitioner, which are as under:

i.

the complaint received from one Mrs.Dommati Kalavathi

stating that her husband Shri Dommati Rajesh was deployed by

the petitioner to work in Riyadh, Saudi Arabia as a Driver,

however, once he reached there, his sponsor insisted upon him

to work as a Shepherd in the farm instead of the contracted job

and he was later brutally murdered by his sponsor on

30.10.2011. It was alleged that the petitioner had charged a

huge amount for his deployment.

ii.

that the petitioner had obtained emigration clearance for five

emigrants whose visas were for the labourer category and their

profession was shown other than the labourer category by the

petitioner in his affidavit.

iii.

that the petitioner had submitted documents for obtaining

Digitally Signed

By:SUNIL

Signing Date:10.01.2024

11:38:43

Signature Not Verified

W.P.(C) 5142/2013

emigration clearance on behalf of the seven companies named

in the Show Cause Notice, which were not even registered in

Oman and their telephone numbers, fax numbers and e-mail IDs

were all bogus and fake.

4.

The petitioner replied to the Show Cause Notice inter alia

contending that, as far as the seven companies which were alleged to

be fake, the documents had been received by the petitioner directly

from the foreign companies and the petitioner did not have any

mechanism to check the phone numbers, E-mail IDs, fax, etc., of these

alleged companies. It was further stated that there were no complaints

received from any worker deployed with these companies.

5.

The PGOE, vide Order dated 24.07.2012, while observing that

the petitioner herein is not a fit person to hold the Registration

Certificate, cancelled the Registration Certificate of the petitioner and

directed the petitioner to surrender the same.

6.

The petitioner, aggrieved of the above order, filed an appeal

before the Appellate Authority under Section 23 of the Act. The said

appeal, however, has been dismissed by the Appellate Authority vide

the Impugned Order dated 08.03.2013.

7.

The Appell