' MIANGUL HASSAN AURANGZEB, J.--Through the instant Writ Petition, Muhammad Majid, the sole proprietor of M/s. Cheena International ("the petitioner"), impugns the decision dated 07.10.2015, whereby respondent No,2 (Director General, Bureau of Emigration and Overseas Employment) cancelled the petitioner's Overseas Employment Promoter's ("OEP") license No,3176/MTN and forfeited a security amount of Rs,300,000/-, in exercise of the powers conferred on him under Section 12(3) of the Emigration Ordinance, 1979. The petitioner has also impugned the appellate order dated 26.01.2016, whereby the petitioner's appeal against the cancellation of his OEP License, was dismissed by respondent No,1 (the Secretary, Ministry of Overseas Pakistanis and Human Resource Development). The petitioner is, to whom an OEP license was granted by respondent No,2.
2. The facts essential for the disposal of this petition are that the petitioner was granted an OEP license by respondent No,2. Subsequently, a complaint was sent by one Muhammad Arshad to respondent No,2 against petitioner, alleging that an amount of Rs,1,50,000/- was paid to Asim Khan, the sales agent of the petitioner, as advance payment against a promise to send three persons for employment to Dubai; that neither was the said amount returned to the said complainant, nor was anybody sent for employment to Dubai; and that this caused the said complainant to submit a complaint to respondent No,2. Consequently, the following notices were sent to the petitioner:-
(i) Notice dated 26.03.2015, from respondent No,3 (the Protectorate of Emigrant, Multan, requiring the petitioner to attend personal hearing on 30.03.2015 at 03:00 PM before Protector of Emigrants Opposite District Education Office near Chungi No,6, Multan.
(ii) Notice dated 29.04.2015, from respondent No,2 requiring the petitioner to attend personal hearing on 05.05.2015 at 11:00 a.m. Before respondent No,2.
(iii) Notice dated 30.04.2015, from respondent No,2 requiring the petitioner to show cause as to why action under Section 12(3) of the Emigration Rules, 1979, should not be taken against it.
(iv) Final Notice dated 15.05.2015, from respondent No,3 to the petitioner to attend personal hearing on 21.05.2015 at 11:00 a.m. Before Director General, Bureau of Emigration and Overseas Employment, Islamabad at Emigration Tower Mauve Area, G-8/1, Islamabad.
3. Before any proceedings could take place pursuant to the said notices, a letter was received by respondent No,2 from respondent No,3 for the grant of permission to the petitioner for the recruitment of fifteen female workers for employment in Oman. This letter was forwarded by respondent No,2 to the Community Welfare Attache, Embassy of Pakistan, Muscat, Oman for verification. The Community Welfare Attache informed respondent No,2 that the demand was fake and had not been generated by the employer. Consequently, a show cause notice dated 10.08.2015 was issued to the petitioner requiring it to show cause as to why action under Section 12(3) of the Emigration Rules, 1979, should not be taken against it. The allegations against the petitioner, as set out in the said show cause notice, were as follows:- "a) You have submitted document to this Bureau for grant of permission for recruitment of workers for their Principal M/s. Fatima Khamis Salim Al-Kaabi however, the writer of demand letter when contacted on telephone No,00955-55141, did not own the initiation of any demand from her. b)
Prima facie the demand appeared to be false/fake. c) You have neither responded the Show Cause Notice issued by the Bureau earlier vide No,3176/MTN/2015 dated 30.04.2015 and did not settled the complaint of Mr. Muhammad Arshad."
4. On 08.09.2015, another notice for personal hearing was issued by respondent No,2 to the petitioner. On 26.08.2015 and 27.08.2015, the petitioner sent his replies/clarifications to the show cause notices. Again vide notice dated 15.09.2015, respondent No,3 required the petitioner to attend personal hearing before respondent No,2.
5. On 07.10.2015, respondent No,2 cancelled the petitioner's OEP License and forfeited the security amount of Rs,3,00,000/-. As respondent No,2's letter dated 07.10.2015 is quite brief, the same is reproduced herein below:- "The Director General Bureau of Emigration and Overseas Employment after careful examination of the record found that you are indulged in following:-
(i) Extraction amount Rs, 150000/- from Mr. Muhammad Arshid S/o Muhammad Nawaz, intending emigrant.
(ii) Submission of fake documents for grant of permission for Oman on behalf of M/s. Maseel Modern Center for Beautification, Oman in Protector of Emigrants Office, Multan.
2. After affording you an opportunity of personal hearing on 01.10.2015, and being satisfied that you have been found guilty of violation of Emigration Laws and misconduct, has in exercise of the powers conferred upon him under Section 12(3) of Emigration Ordinance, 1979 cancelled your OEP license No,3176/MTN and forfeited the whole, security amount of Rs, 3,00,000/- to the State.
3. You may if so desire file an appeal to the Federal Government within 30 days of the issue of this letter as provided under the law".
6. The petitioner preferred an appeal against the said order before revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.