w w w . L a w y e r S e r v i c e s . i n



Sugriv Rambabu Singh Chauhan, Proprietor of M/s. Shivam Enterprises Security Services v/s The State of Maharashtra Through the Public Prosecutor, High Court (A.S.) & Others


Company & Directors' Information:- SHIVAM INDIA LIMITED [Active] CIN = U23101WB1999PLC090748

Company & Directors' Information:- SECURITY CO LTD [Active] CIN = L65929WB1948PLC016992

Company & Directors' Information:- V N A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL1998PTC091780

Company & Directors' Information:- SINGH ENTERPRISES PRIVATE LIMITED [Active] CIN = U45400DL2007PTC162754

Company & Directors' Information:- G SECURITY (INDIA) PRIVATE LIMITED [Active] CIN = U74920MH2004PTC150235

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74920MH2005PTC152956

Company & Directors' Information:- S R SECURITY PRIVATE LIMITED [Active] CIN = U74110MH2005PTC152956

Company & Directors' Information:- J S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920HR2008PTC037747

Company & Directors' Information:- B D SECURITY PRIVATE LIMITED [Active] CIN = U74920JK2006PTC002638

Company & Directors' Information:- R. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93090UP2017PTC092692

Company & Directors' Information:- G I SECURITY PRIVATE LIMITED [Active] CIN = U74140WB1993PTC057724

Company & Directors' Information:- SHIVAM CORPORATION PRIVATE LIMITED [Strike Off] CIN = U27100DL2013PTC251025

Company & Directors' Information:- L K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93030UP2015PTC068449

Company & Directors' Information:- CHAUHAN ENTERPRISES PRIVATE LIMITED [Strike Off] CIN = U74999MH1990PTC056644

Company & Directors' Information:- S. B. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999UP2016PTC086112

Company & Directors' Information:- R M G SECURITY PRIVATE LIMITED [Strike Off] CIN = U74910TN1997PTC038969

Company & Directors' Information:- G D A SECURITY PVT LTD [Active] CIN = U74899DL1973PTC006424

Company & Directors' Information:- H K SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920MH2002PTC136385

Company & Directors' Information:- A G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2013PTC239505

Company & Directors' Information:- P G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC132138

Company & Directors' Information:- SHIVAM ENTERPRISES PRIVATE LIMITED [Active] CIN = U74899DL1981PTC011348

Company & Directors' Information:- M & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC173377

Company & Directors' Information:- J S D SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC197167

Company & Directors' Information:- SINGH SERVICES & SECURITY PRIVATE LIMITED [Strike Off] CIN = U74999BR2012PTC019316

Company & Directors' Information:- CHAUHAN SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000BR2015PTC024882

Company & Directors' Information:- M. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920WB2000PTC092218

Company & Directors' Information:- SHIVAM PRIVATE LIMITED [Strike Off] CIN = U25201RJ1985PTC003257

Company & Directors' Information:- D & G SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2011PTC165782

Company & Directors' Information:- SHIVAM ENTERPRISES PVT LTD [Strike Off] CIN = U51101RJ1984PTC002937

Company & Directors' Information:- MAHARASHTRA SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920UP2005PTC030065

Company & Directors' Information:- D AND R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920JH2013PTC001793

Company & Directors' Information:- S M SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL1996PTC007805

Company & Directors' Information:- J AND J SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC128735

Company & Directors' Information:- SHIVAM E-SERVICES PRIVATE LIMITED [Active] CIN = U64200DL2008PTC181254

Company & Directors' Information:- E-1 SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74910OR2012PTC014996

Company & Directors' Information:- J S S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PB2005PTC028528

Company & Directors' Information:- W B SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920RJ2012PTC040905

Company & Directors' Information:- R. D. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920PN2010PTC135994

Company & Directors' Information:- K N R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000MH2010PTC204385

Company & Directors' Information:- S P SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000PN2014PTC150722

Company & Directors' Information:- G T I SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2013PTC251541

Company & Directors' Information:- J. B. C. SECURITY PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302126

Company & Directors' Information:- R P SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046112

Company & Directors' Information:- S. P. S. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74120UP2016PTC076893

Company & Directors' Information:- H N S SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2013PTC089837

Company & Directors' Information:- P. S. SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920UP2008PTC035914

Company & Directors' Information:- B J U SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920UP2010PTC039772

Company & Directors' Information:- S A SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U93000UP2014PTC062073

Company & Directors' Information:- B. R. S. SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93030UP2013PTC059573

Company & Directors' Information:- B & I SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC190717

Company & Directors' Information:- R L SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74999JK2015PTC004376

Company & Directors' Information:- S R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U95000DL2000PTC106902

Company & Directors' Information:- G G SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109868

Company & Directors' Information:- M R S SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC247541

Company & Directors' Information:- S M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC125744

Company & Directors' Information:- T & E SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2011PTC220586

Company & Directors' Information:- AT SECURITY PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC234962

Company & Directors' Information:- R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2011PTC213180

Company & Directors' Information:- L N T SECURITY PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109776

Company & Directors' Information:- A.N.D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC193787

Company & Directors' Information:- VERSUS SECURITY PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195274

Company & Directors' Information:- M K G SECURITY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2005PTC141445

Company & Directors' Information:- A V SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U74920DL2008PTC181601

Company & Directors' Information:- R-4 SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2001PTC113509

Company & Directors' Information:- S O L SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2002PTC115968

Company & Directors' Information:- V AND A SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC125411

Company & Directors' Information:- H S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2004PTC127249

Company & Directors' Information:- T F SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2005PTC143337

Company & Directors' Information:- M P S SECURITY PRIVATE LIMITED [Under Process of Striking Off] CIN = U74920DL2007PTC169952

Company & Directors' Information:- V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2008PTC185522

Company & Directors' Information:- N K SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2009PTC191230

Company & Directors' Information:- M H SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2013PTC255582

Company & Directors' Information:- P & D SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920HR2013PTC048169

Company & Directors' Information:- P T SECURITY SERVICES PRIVATE LIMITED [Active] CIN = U67120KA2013PTC070724

Company & Directors' Information:- H S R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920KA2012PTC064955

Company & Directors' Information:- M AND G SECURITY PRIVATE LIMITED [Active] CIN = U74920HR2020PTC087465

Company & Directors' Information:- SECURITY & SERVICES (INDIA) PVT LTD [Strike Off] CIN = U74140WB1977PTC030902

Company & Directors' Information:- I S S SECURITY PRIVATE LIMITED [Strike Off] CIN = U74920DL2000PTC103574

Company & Directors' Information:- N R V SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920CH2007PTC030824

Company & Directors' Information:- S V M SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93090DL2006PTC153793

Company & Directors' Information:- R A R SECURITY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74920DL2006PTC154147

Company & Directors' Information:- SINGH SECURITY SERVICES PVT LTD [Strike Off] CIN = U57110MP1990PTC006142

    Writ Petition No. 4246 of 2014 with Civil Application No. 2562 of 2017

    Decided On, 08 November 2017

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE ANOOP V. MOHTA & THE HONOURABLE MR. JUSTICE MANISH PITALE

    For the Petitioner: Joel J. Carlos a/w Yashwant Dhanegave, Advocates. For the Respondent: R1 to R6, S.B. Kalel, AGP.



Judgment Text

Oral Judgment: (Anoop V. Mohta, J.)

1. Taken out from the final hearing board. Heard finally, by consent of the parties.

2. The Petitioner, a private security agency, registered under the Shops and Establishment Act, 1948 having license as contemplated under the Private Security Agencies (Regulation) Act 2005, ('the PSA Act') has invoked Article 226 of the Constitution of India and thereby challenged impugned order dated 21 September 2013 passed by Respondent No.5the Controlling Authority and the Inspector General of Police and order dated 22 January 2014 passed by Respondent No.6the Additional Chief Secretary, whereby the license to run the Private Security Agency ('Agency') was cancelled and confirmed by the Appellate Authority.

3. On 6 July 2009, a license was granted to the Petitioner to carry on the business of the Private Security Agency. On 21 December 2012, a show cause issued to the Petitioner for violation of Section 13 of the PSA Act, as two security guards had used licenses issued for the personal security to secure the job with the Petitioner. On 9 January 2013, the Petitioner replied to the show cause notice by denying the contents and stating that the Petitioner was not aware of violation and had employed them with bonafide beliefs and would not even engage such armed guards in future. However, on 1 June 2013, the license of the Petitioner was cancelled by the Respondent. On 12 August 2013, order dated 1 June 2013, cancelling the license set aside and matter remanded for opportunity of hearing on merits. On 21 September 2013, the license of the Petitioner was again cancelled by the Controlling Authorities-Respondent No.5. On 22 January 2014, the Appellate Authority confirmed the order passed by the Controlling Authorities.

4. The contesting Respondents resisted the prayer by filing the reply. The Petitioner filed the rejoinder and reiterated their case. The reason for cancellation of the license reflected as under -

'8. It is submitted that The Arms Act 1959, Arms Rules 1962, the Private Security Agencies (Regulation) Act 2005 and Maharashtra Security Agencies (Regulation) Rules 2007 does not permit 'Change of Use' of weapon to any person. The licenses issued to the above persons were for self protection within their concerned states and then the said licenses were converted into All India Permit license. Subsequently, these persons used the licenses to secure the job in security agency in Maharashtra.

9. I say that there is nothing on record to show that the security guards employed by the Petitioner have any threats to their life in State of Maharashtra. Thus the purpose for which license was obtained by them from other states does not serve the purpose in the State of Maharashtra and thereby the security guards employed by the Petitioner have misused the license obtained by them for selfprotection by using the said license for the purpose of securing jobs and financial gains.

10. I say that with a view to curb illegal practice in which the Petitioner and others are involved in employing security guards with Arm license for self-protection, the State Government had decided to initiate legal action against such security agencies and had instructed the office of the Director General of Police. In view of directions from State Government, the office of the Director General of Police issued directions to all concerned Licensing/Controlling Authorities under the act to initiate action against such persons who have violated the conditions of The Private Security Agencies (Regulation) Act, 2005.'

5. The learned counsel appearing for the respective parties have read and referred the PSA Act and the Rules and the relevant forms, so prescribed which are required to be submitted by the agency while appointing the Security Guard ('the Guard'). The Petitioner had provided all the details of those two guards. There was no suppression of facts about the licenses.

6. We have noted, and as nothing is pointed out that the Petitioner agency is not permitted to appoint any guard with arms license which was granted by the Authorities of the other State for personal use. The provisions of the PSA Act, as well as, the Rules are silent on this point so also the prescribed conditions of license granted to the Petitioner. We have noted that the Petitioner, in fact, while submitting the verification form provided these licenses granted to the said two guards. The statement is made that the Petitioner, immediately after receipt of the notice, removed those guards, who were employed and deployed for the bank services. It is made clear that, we are not concerned with the grant of licenses and/or effect of use and misuse of those armed licenses by the guards. Therefore, in the present facts and circumstances of the case, the action of the Respondents of cancellation of agency licenses of the Petitioner is unsustainable, unjust and impermissible.

7. Even after going through the reasons given by all the Authorities, we see there is no justification for cancellation of the agency license of the Petitioner only because the stated employment of two guards, who possesses the armed licenses from other State. This is for the main reason that the license conditions, as well as, the provisions of PSA Act and the Rules so read and referred by the parties, nowhere put such condition and/or debarred the appointment of such guards. Even, assumed for a moment, if the agency ought not to have appointed such guards, still we see no reason for the Respondents to cancel the license of the Petitioner, specifically when the Petitioner immediately after the intimation/notice had dismissed their services. Those guards sought appointment based upon the said weapons licenses for commercial purposes and the Petitioner agency, as stated, took advantage of the guards weapons license, for its livelihood, in our view, is unsustainable contention. Those guards misused the licenses. The Petitioner, in no way, can be stated to have misused, change of use of the armed licenses. Therefore, the initiation of the action by the Respondents against the Petitioner agency and specifically of this nature of cancellation of the license granted since 2009, is unreasonable, unacceptable and violates the provisions of the PSA Act and Regulations.

8. The learned counsel appearing for the Petitioner, on instructions, submitted that the Petitioner is not pressing the challenge of circular dated 1 December 2012. Considering the averments so made and the reply so filed along with the documents, we see no reason to deal with the circular, as we are inclined to dispose of the present Writ Petition for the reasons so recorded above.

9. The learned counsel appearing for the Petitioner has also pointed out that the Petitioner has already averred and made the statement before the Authority that hereinafter, the agency will not engage any such armed guards, unless permitted under the law, if any. Therefore, taking overall view of the matter, we are inclined to allow the Petition to the extent of setting aside impugned orders dated 21 September 2013 passed by Respondent No.5 and order dated 22 January 2014 passed by the Appellate Authority-Respondent No.6 and all actions ari

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sing out of the same. 10. Resultantly the following order: ORDER a) Impugned order dated 21 September 2013 passed by Respondent No.5the Controlling Authority and Inspector General of Police and Order dated 22 January 2014 passed by Respondent No.6the Additional Chief Secretary are quashed and set aside. b) Writ Petition is allowed to the above extent. c) The Petitioner is permitted to apply again, if required, before the concerned Respondents and the Respondents to deal with the same in accordance with law, as early as possible and restore the license. d) Rule made absolute accordingly. No costs. 11. In view of the disposal of the Writ Petition itself, nothing survives in the Civil Application and the same is also disposed of.
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