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2012 DIGILAW 1011 (PNJ)

Amar Dutt v. Union of India through the Ministry of External Affairs, Govt. of India

2012-07-31

JASBIR SINGH, RAKESH KUMAR JAIN

body2012
JUDGMENT Mr. Jasbir Singh, ACJ.: (Oral) - CM No. 10000 of 2012: Allowed as prayed for. Notification dated 12.8.2008 is taken on record. CWP No. 7698 of 2012 : 2. This petition has been filed by making a prayer that directions be issued to respondents No.1 to 8 to implement the provisions of Emigration Act, 1983, so that members of general public can be saved from being mis-guided, cheated or illegally smuggled to foreign jurisdiction by the un-authorised recruiting agents. 3. Upon notice, reply was filed. 4. Taking note of the facts mentioned in the reply, this Court passed the following order on 30.5.2012 :- “Learned counsel for the respondents requests for some time to file reply. However, Mr. Anil Malhotra, learned counsel for the petitioner has drawn our attention to the problem of illegal emigrants agency mushrooming in the areas of Punjab, Haryana and U.T. Chandigarh to allure gullible public by showing them greener pastures. According to averments made in paras 11 to 18 of the writ petition, the Protector General of Emigrants, Ministry of Overseas Indian Affairs-respondent No.3 maintain a list of registered recruiting agents/ employers who are authorized to operate in Punjab, Haryana and U.T. Chandigarh. According to Mr. Anil Malhotra, learned counsel for the petitioner, if a direction is issued to respondent No.3 to furnish the names of licensed recruiting agency/ employers who are authorized to operate in the respective area of Punjab, Haryana and U.T. Chandigarh then the job of enforcement agency would become easier because other operators who do not find mention in the list would be deemed to be operating illegally. These illegal agents also attract their business in the name of consultancy firm to elude the enforcement agency and to hide their real faces. In view of the above, we deem it appropriate to direct respondent No.3 to send the list of registered recruiting agencies / employers who are entitled to operate in the areas of Punjab, Haryana and U.T. Chandigarh by email or by any other method expeditiously preferably within two weeks. The respective States and the U.T. Chandigarh i.e. respondent Nos. 5 to 8 shall highlight the list in Electronic and Print Media so that general public may come to know about the registered agents. Respondent Nos. The respective States and the U.T. Chandigarh i.e. respondent Nos. 5 to 8 shall highlight the list in Electronic and Print Media so that general public may come to know about the registered agents. Respondent Nos. 5 to 8 shall also undertake suitable operation through respective Deputy Commissioner/ SSP to close down the unauthorized recruiting agents/ employers who are operating under the name of emigrant agency. Let a status report be filed within four weeks with a copy in advance to learned counsel for the petitioner. Respondent Nos. 5 to 8 would also be authorized to scrutinize the advertisement which are being issued by the so called emigrant consultancy and check their antecedents. If they are found wanted then suitable action may also be initiated against them.” 4. Pursuant to the aforesaid order, a status report has been put on record wherein it is stated that the necessary steps, indicated in the order dated 30.5.2012, have been taken to prevent the un-authorised agents to recruit individuals to send them to the foreign countries. 5. We hope and expect that the concerned authorities will continue to take the steps mentioned in the above status report in future also. However, it is directed that no recruiting agent shall be allowed to function without complying with the provisions of Emigration Act, 1983. 6. With the aforesaid direction, this writ petition is disposed of. CM No. 9393 of 2012 (O & M): 7. In view of the order passed above, this application has become infructuous and disposed of accordingly.