M/S. Industrial Security Services Thr. Its Proprietor Basdeosingh S/O Mukhtyarsingh Sogarwal, v. The State Of Maharashtra Thr. Its. Secretary

1103wp6925.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6925 OF 2015 (M/s. Industrial Security Services vs. State of Maharashtra and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri B.G. Kulkarni, Advocate for petitioner.

Ms. H.N. Prabhu, Assistant Government Pleader for respondents.

---------- CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : MARCH 11, 2016 Heard Adv. Kulkarni for petitioner and Ms. Prabhu, learned Assistant Government Pleader for respondents in furtherance of order dated 22/12/2015 of this Court.

The petitioner had a licence to function as Security Services Providing Agency in State of Maharashtra for a period of five years, i.e. from 2009 to 2014. The petitioner applied for its renewal within time and submitted necessary documents and also paid the fee. The renewal in accordance with provisions of Section 7(5)(b) of the Private Security Agencies (Regulation) Act, 2005 is also for five years. However, petitioner has been given renewal only for the period upto 31/12/2015. The reason disclosed in the reply is that petitioner did not submit character verification reports of Guards employed by it.

The record shows that character certificates of

1103wp6925.15 2/2 such Guards are also to be issued by the very same Authority, which has granted renewal. The petitioner had submitted even necessary details for that purpose. The Authority has looked into those details and started issuing verification certificates on 31/5/2014 and last certificate has been issued on 15/8/2015.

The petitioner has after receipt of these character verification certificates, tendered them back to respondent no.2 and expected further action.

The learned Assistant Government Pleader is relying upon reply-affidavit.

In view of subsequent events, which petitioner has pointed out by filing rejoinder, as petitioner now has character verification certificates of all 86 Security Guards with it and those certificates are also tendered to respondent no.2, we direct respondent no.2 to proceed further, if he has received the same, to find out whether renewal for remaining period of three and half years can be given to petitioner. The decision in this regard shall be taken within four weeks from today. If necessary, opportunity of hearing shall be extended to petitioner. Till then, interim order passed by this Court on 22/12/2015 shall continue to operate. The petition is thus disposed of. No costs.

JUDGE JUDGE khj