ORIGINAL JURISDICTION - Orissa High Court

NITYANANDA BEHERA -V- STATE [S.C.PARIJA,J.]
7. Section 5 of the Act provides for the entry of names in the Register and
issue or renewal of certificates of practice, which reads as under:
“(1) Every notary who intends to practise as such, may, on payment
to the Government appointing him of the prescribed fee, if any, be
entitled.
(a) to have his name entered in the Register maintained by that
Government under section 4; and
(b) to a certificate authorizing him to practise for a period of five
years from the date on which the certificate is issued to him.
(2) The Government appointing the notary, may, on receipt of an
application and the prescribed fee, renew the certificate of practice
of any notary for a period of five years at a time. ”
8. On a reading of the aforesaid statutory provisions, it is seen that the use
of the word “may” and the words ‘be entitled’ in Section 5 (2) makes it
abundantly clear that there is no residuary discretion vested in the State
Government at the time of renewal of an application filed by a Notary. A
Notary, once registered as such, is entitled to renewal as a matter of course,
merely on making an application and payment of requisite fees, as
prescribed in the Rules. Hence, Section 5(2) of the Act is mandatory and the
right of renewal is automatic and there is no discretion vested in the State
Government to refuse such renewal. (See-State of Kerala and others –
vrs.- K.U. Narayana Poduval and others, AIR 1992 Kerala 152.)
9. In the present case, admittedly the State Government had initiated a
suo motu enquiry against the petitioner on the basis of certain allegations
and after conclusion of enquiry, the petitioner having been found to be guilty
of certain misconduct, he had been let off with a warning, keeping in view the
nature and gravity of misconduct proved against the petitioner, as provided
under Section 13(12)(b)(iii) of the Rules.
10. Section 13(12) (b) of the Rules reads as under:
“(b) If after considering the report of the competent authority, the
appropriate Government is of the opinion that action should be taken
against the notary the appropriate Government may make an order-
(i) canceling the certificate of practice and perpetually debarring the
notary from practice; or
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