Allahabad High Court
Anupam Tripathi vs Union Of India Thr.Secy.Ministry ... on 20 December, 2013
Bench: Devi Prasad Singh, Ashok Pal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
High Court of Judicature at Allahabad
Lucknow Bench Lucknow
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A.F.R.
Court No. - 27
Case :- MISC. BENCH No. - 11874 of 2013
Petitioner :- Anupam Tripathi
Respondent :- Union Of India Thr.Secy.Ministry Of External Affiars & Ors.
Counsel for Petitioner :- Ghan Shyam Tripathi
Counsel for Respondent :- A.S.G.
Hon'ble Devi Prasad Singh,J.
Hon'ble Ashok Pal Singh,J.
1. The brief facts borne out from the record and in pursuance of the arguments advanced by the parties counsel are that the petitioner in the year 2008, applied for passport. The passport was dispatched to the petitioner through the Postal Department but it was not delivered. The passport was also not received back by the Regional Passport Office, Lucknow. The Postal Department informed the Regional Passport Office that on account of missing of record, it is not possible to inform the actual fact with regard to missing of passport.
2. It appears that in spite of information received from the petitioner, the Regional Passport Office, Lucknow has not informed the petitioner with regard to subsequent steps which the petitioner ought to take on account of missing of passport. In consequence thereof, since 2008, the petitioner has been running from pillar to post for issuance/delivery of passport.
3. In pursuance of order passed by this Court, Sri R. N. Roy, Regional Passport Officer is present. He submits that since the passport is missing, the petitioner has to move fresh application keeping in view the fact that the entire system has been computerized. The fact remains that the petitioner was not informed with regard to the step which he ought to have taken on account of missing of passport. He further submits that he has not received any communication from the Postal Department but the fact remains that the petitioner has communicated to the Regional Passport Office that he has not received the passport. The Regional Passport Officer has also not verified the fact and lodged the F.I.R. to the Police with regard to missing of passport. It may not be ruled out that passport sent by the Regional Passport Office, may have been utilized by some anti-social element with ulterior motive. Missing of passport sent by the Regional Passport Office, is a serious event and appropriate information should have been communicated to the police so that appropriate investigation would have been done to check the use of missing passport by anti-social element.
We fail to understand why the Regional Passport Officer has not lodged a F.I.R. to investigate the matter by the Police Department.
4. Apart from the above, long back their lordships of Hon'ble Supreme Court in the case reported in Menaka Gandhi Vs. Union of India (1978) 1 SCC 248, held that right of citizens to avail passport to travel abroad, is a constitutional right and cannot be curtailed arbitrarily. Since last 5 years, the Regional Passport Officer seems to have not discharged its obligation fairly and justly. It is incumbent on the part of the Regional Passport Officer to take immediate step whenever information is received with regard to loss of passport more so when the country is facing terrorism and so many other related problems.
5. Keeping in view the statement made by the Regional Passport Officer who is present in the Court, we give liberty to the petitioner to move application in accordance with Rules. The Regional Passport Officer undertakes that passport shall be delivered to the petitioner within a period of one month. The police authorities and Government authorities shall provide necessary assistance to the Regional Passport Officer to discharge his obligation within the aforesaid period of one month as a result of receipt of any communication from the Regional Passport Office.
6. While parting with the case, we direct the Ministry of Foreign Affairs to issue necessary and appropriate directions so that in case a passport dispatched from the Passport Office, is missing, immediately an FIR must be lodged by respective offices and appropriate finding may be recorded with regard to missing of passport followed by its cancellation so that it may not be misused and abused by some anti-social elements. The Ministry of Foreign Affairs shall ensure that in case passport is missing a time frame may be provided for issuing a duplicate or new passport to the citizens within a specified period. Sri K.C. Kaushik, learned Additional Solicitor General shall communicate the present order to the Ministry of Foreign Affairs forthwith.
7. With the aforesaid directions with the consent of parties counsel, we dispose of the writ petition finally.
[Justice Ashok Pal Singh] [Justice Devi Prasad Singh]
Order Date :- 20.12.2013
Rajneesh DR-PS)
