Thunga Lalitha vs The Union Of India
2024 Latest Caselaw 10235 AP

Citation : 2024 Latest Caselaw 10235 AP
Judgement Date : 13 November, 2024

Andhra Pradesh High Court - Amravati

Thunga Lalitha vs The Union Of India on 13 November, 2024

APHC010503872024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI               [3329]
                          (Special Original Jurisdiction)

        WEDNESDAY ,THE THIRTEENTH DAY OF NOVEMBER
             TWO THOUSAND AND TWENTY FOUR

                                PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION NO: 25874/2024

Between:

Thunga Lalitha                                      ...PETITIONER

                                 AND

The Union Of India and Others                   ...RESPONDENT(S)

Counsel for the Petitioner:

1. K KOUTILYA

Counsel for the Respondent(S):

1. GP FOR HOME

2.

The Court made the following order:-

The writ petition is filed for following relief:-

"be pleased to issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2nd respondent in not issuing Police Clearance Certificate despite application made by the petitioner on 07.09.2024 till date is illegal arbitrary and unconstitutional and consequently direct the 2nd respondent forthwith to issue Police Clearance Certificate to the petitioner pursuant to the application dated 07.09.2024 and pass such other order"

Heard the learned counsel for the petitioner and the learned counsel for

the respondents.

3. The petitioner applied for a passport to secure employment in Kuwait.

After verification, the authorities issued the passport, which the petitioner used

to obtain a visa (initially under "Visa-20" for private sector work). She traveled

between India and Kuwait twice a year for family reasons. Later, her visa status

was upgraded to "Visa-18" for professional employment, which required a

police clearance certificate (PCC) from India. On 07.09.2024, the petitioner

returned to India and applied for the Police Clearance Certificate on the same

day vide Application No. 24-1011106909. The passport authorities scheduled

her Police Clearance Certificate appointment on 18.09.2024, where she

submitted the required documents. However, her Police Clearance Certificate

application has not yet been processed by the authorities, causing a delay in

her employment arrangements in Kuwait. As the said police clearance

certificate is not being given, the petitioner has approached this Court, by way of the present writ petition complaining that the inaction of the 2nd respondent is

high handed, arbitrary and violative of Articles 14, 19 and 21 of the Constitution

of India.

4. He further submits that a crime was registered against the petitioner in

the year 2023, at the Police Station, Chitvel vide crime No.178 of 2023 for the

offences under sections 427 and 447 r/w 34 of IPC. He also contends that the

police clearance certificate can always be issued by incorporating the details of

the above crime. Non furnishing of such a clearance certificate would result in

the authorities in Kuwait not renewing of her VISA by authorities at Kuwait and

she would consequently loose her employment in Kuwait.

5. The learned Deputy Solicitor General of India appearing for the

respondent No.2 would submit that the service of issuing a police clearance

certificate is a voluntary service being given for the benefit of Indian citizens

and there is no underlying duty casts upon the 2nd respondent, by virtue of any

provision of law or Judgment of the Court, to issue such police clearance

certificates. He would further submit that a Writ of Mandamus cannot lie against

the 2nd respondent and there is no legal duty casts upon the 2nd respondent to

undertake such activities. Further, the 2nd respondent cannot give a clean chit

to the petitioner and would have to incorporate the details of the aforesaid crime

in any certificate that can be issued to the petitioner.

6. In view of the fact that the 2nd respondent has been issuing such

certificates to citizens staying abroad, the 2nd respondent cannot take the stand that since it is a voluntary service, there cannot be any direction to the 2nd

respondent to issue or not to issue such certificates.

7. In the present circumstances, this writ petition is disposed of directing the

2nd respondent to issue a police clearance certificate after recording all the

cases filed against the petitioner which have come to the notice of the 2nd

respondent. This can be done only after the 3rd respondent has informed the 2nd

respondent in writing about the case/s, which is/are pending before the 3rd

respondent.

8. Accordingly, the 3rd respondent is granted two weeks time to forward all

the details of the cases registered against the petitioner that are available with

the 3rd respondent to the 2nd respondent. Upon receipt of such information, the

2nd respondent, within two (02) weeks thereafter, shall issue a certificate as

mentioned above.