- (1.) BY means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of the order dated 30.3.2000 passed by the State Government cancelling his appointment as Notary and removing his name from the Notary Register in exercise of the power conferred under Section 10 of the Notaries Act, 1952 (in short the Act).
(2.) WE have heard Sri W.H.Khan, learned senior counsel appearing for the petitioner and Sri Neeraj Upadhyaya, learned Additional Chief Standing Counsel appearing for respondents No. 1 and 2. Respondent No. 3, despite notice, did not choose to enter appearance.
(3.) THE short fact giving rise to the present controversy are as under; The petitioner was appointed as Public Notary vide order dated 23.3.1995. Respondent No. 3 made a complaint dated 14.1.1997 alleging various irregularities committed by the petitioner before this Court. The Vigilance Department of this Court forwarded the complaint to the District Judge, Mahoba for necessary enquiry and to submit report. Subsequently, reminder dated 22.7.1998 was also sent. The District Judge, Mahoba enquired into the matter and submitted report dated 26.4.1999 holding the petitioner guilty of mis- conduct and forwarded the same to the State Government whereupon the State Government after having considered the report, passed the impugned order removing him as Public Notary. ;