Rajeev Goutam v. Registrar (D. E. ) High Court Jabalpur
2020-01-09
AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA
body2020
DigiLaw.ai
ORDER 1. The petitioner has invoked the writ jurisdiction under Article 226 of the Constitution of India being aggrieved with non-renewal of his Certificate of Empowerment of Oath Commissioner because of the delay in submission of the renewal application. 2. The facts adumbrated in nutshell are that the petitioner was appointed as Oath Commissioner by the respondents by the order dated 17.8.2012 for the period from 10.9.2012 to 9.9.2015. 3. As per rule 16(1) of the Commissioner of Oaths (for the High Court) Rules, 2008 (hereinafter referred to as 'Rules of 2008'), the said Certificate of Empowerment had to be renewed after a period of three years and according to the said Rule, the application of renewal of Certificate of Empowerment has to be filed before 90 days from the date the existing Empowerment Certificate expires. 4. In the present case, the application for renewal of Certificate of Empowerment of Oath Commissioner has been filed with a delay of 67 days alongwith an application for condoning the delay. The said application for renewal of Empowerment Certificate of Oath Commissioner of the petitioner has been rejected by the respondents by the order dated 26.8.2015 as the same was moved belatedly. 5. Learned counsel for the petitioner stated that the petitioner could not submit the application 90 days prior to expiration of the certificate on the ground that the mother of the petitioner had died on 8.6.2015. Learned counsel for the respondents urged that as per the provisions of rule 16(2) of Rules of 2008, no application for condonation of delay is maintainable after expiry of period of 45 days. 7. We have heard the rival submissions and perused the material available on record and gone through the Rule 16(2) of Rules of 2008. The Rule 16(2) reads as under : "16(2) The application for renewal of certificate shall be made to the Registrar/District Judge concerned, 90 days before the date on which the term under the existing empowerment expires: Provided that a delay upto 45 days may be condoned by the Registrar/District Judge, if it is shown that the delay occurred due to sufficient cause. Such application shall be decided within a period of 7 days. No application for condonation of delay shall lie after expiry of the period of 45 days.
Such application shall be decided within a period of 7 days. No application for condonation of delay shall lie after expiry of the period of 45 days. In the case of rejection of such application, a representation may be made within 7 days, to the empowering authority, whose decision thereon shall be final." 8. In view of the unequivocal and unambiguous language of rule 16(2), it is luminescent that no application for condonation of delay can be filed after expiry of 45 days. Admittedly, the petitioner had moved an application seeking renewal of the Certificate of Empowerment with the delay of 67 days alongwith the application for condonation of delay but in view of the specific provisions of law, we do not find any error in the order dated 26.8.2015 passed by the respondents rejecting the application of the petitioner for renewal of Certificate of Empowerment. 9. In view of the aforesaid, we do not find any merit in this petition. Accordingly, the writ petition is dismissed. .................