Raj Kumar vs Union Of India And Anr
2023 Latest Caselaw 16711 P&H

                                                           Neutral Citation No:=2023:PHHC:125521




102

IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
102                       2023:PHHC:125521
                                        CWP-18263-2023
                                        Date of Decision:25.09.2023

Raj Kumar
                                                      ....Petitioner

                                        vs.

Union of India and another
                                                      ....Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:
       Mr. Amandeep Saini, Advocate
       for the petitioner
       Ms. Neha Sharma, Central Govt. Counsel
       for the Union of India
                     ***
JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles 226/227 of

the Constitution of India is seeking setting aside of communication dated

16.08.2021 (Annexure P-4) and order/E-mail dated 02.05.2022 (Annexure

P-7) whereby passport of the petitioner was impounded and he has been

granted liberty to file a fresh application.

2. The petitioner online applied for renewal of his passport and

passport authority issued passport on 20.07.2021. By notice dated

16.08.2021, the petitioner was called upon to provide explanation with

respect to pending FIR and to show cause as to why proceedings under

Section 12 of the Passport Act should not be initiated against him. The

passport came to be impounded vide order dated 02.05.2022.

3. Learned counsel for the petitioner submits that petitioner vide

letter dated 20.11.2021 filed reply to show cause notice, however, passport

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Neutral Citation No:=2023:PHHC:125521

CWP-18263-2023 -2- 2023:PHHC:125521

authority without considering reply has passed the impugned order. The

petitioner has not further been granted opportunity of hearing, thus, the order

has been passed in violation of principles of natural justice. The petitioner is

working with Marchant Navy and passport is an indispensable document for

the petitioner. The act of respondent amounts to violation of fundamental

rights as well as principles of natural justice.

4. Learned counsel for the respondent submit that petitioner has

been granted liberty to file a fresh application disclosing particulars of

earlier applications and pending FIR. If the petitioner files fresh application,

it would be considered in accordance with instructions issued by Central

Government as well as judgment of this Court in Mohan Lal @ Mohna vs.

Union of India and others 2023 SCC Online P&H 1391.

5. Faced with this, counsel for the petitioner seeks permission to

withdraw the instant petition with liberty to file a fresh application.

6. In the wake of statements of both sides, the petition stands

disposed of with liberty to petitioner to file a fresh application. On doing so,

the passport authority without being influenced with its earlier order dated

02.05.2022, decide application of the petitioner considering the instructions

issued by Central Government as well as afore-stated judgment of this

Court. Needful shall be done within six weeks from the date of filing a fresh

application.

25.09.2023                                      (JAGMOHAN BANSAL)
paramjit                                             JUDGE

               Whether speaking/reasoned: Yes
                    Whether reportable: Yes/No
                                                           Neutral Citation No:=2023:PHHC:125521

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