Rejection Of FCRA License Renewal To Be Challenged In Revision Before Appellate Authority Not In Appeal Before HC: Karnataka High Court

The Karnataka High Court has said that an order rejecting an NGO's application for renewal of license under Foreign Contribution Act is to be challenged in revision before the appellate authority and an appeal questioning the order before high court is not maintainable. Justice K Natarajan held thus while dismissing an appeal filed Action for Community Organisation, Rehabilitation and Development under Section 31/31 of the Act appealing against a March 30 order by which the Union dismissed its FCRA certificate renewal. It said that once Centre grants certificate, it has power to suspend the certificate under Section 13 and cancel the same under Section 14 FCRA; Subsection of Section 31 provides for appeal, if any order made by the Central Government under sub-section of Section 14 for the purpose of cancellation of the certificate. The court said, “On perusal of Section 13 or Section 14, any such order passed for suspension or cancellation of certificates and granting certificate under Section 12, these orders are all appealable, apart from any order passed under Sections 28 read with Section 29 of the FCRA, 2010 which is appealable under Section 31 of the FCRA, 2010.” Following which it held “In this case, Section 16 of the Act is not covered under sub-section of Section 31 of the FCRA, 2010, where the respondent-authority refused to renew the license. But, only mentioning Section 12 of FCRA, 2010, itself is not sufficient to give a right to the appellant to file an appeal under Section 31 of the FCRA, 2010.” It added, “I am of the view that the impugned order is a revisable order under Section 32 of the FCRA, 2010, and not an appealable order under Section 31 of the FCRA, 2010.” The court said “Whether the impugned order is a speaking or cryptic order, is to be decided by the authorities in the revision is filed by the appellant before the appropriate authorities.” The appellant is a Society registered under the Karnataka Societies Registration Act, 1960, who has been confirmed by the Central Government under Section 12 of FCRA, 2010.