IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
Rehana Begum, D/o (Late) N.M.D. Mustafa – Appellant
Versus
Chief Information Commissioner, Andhra Pradesh Commission, Mangalagiri, Guntur, Andhra Pradesh – Respondent
ORDER :
GANNAMANENI RAMAKRISHNA PRASAD, J.
1. Heard Sri S.V. Maruthi Sankar, Ld. Counsel appearing on behalf of Sri T. Balaswami, Ld. Counsel for the Writ Petitioner and Sri P. Ravikanth, Ld. Asst. Government Pleader for Government Administration.
2. The present Writ Petition is filed seeking the following relief :
‘‘It is therefore prayed that this Hon’ble Court may be pleased to issue any appropriate order, more particularly, one in the nature of Mandamus declaring the action of Respondent No.1 bearing R.C.NO. 19180/APIC/Estt./2025 dated 24.07.2025 whereby the application of the Petitioner seeking leave for the purpose of attending an International Visitor Leadership Program in U.S.A was rejected as being illegal, arbitrary, violative to principles of naturaljustice and Article 14, 19 and 21 of Indian Constitution and consequently, direct the Respondents to grant the sanctioned leave to the Petitioner to attend the said program for the period 25.08.2025 to 13.09.2025 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. ”
3. The Writ Petitioner is working as State Information Commissioner. She had applied for ava
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The right to travel abroad is a fundamental human right that cannot be infringed without lawful justification, and administrative exigencies do not supersede this right.
Inaction of authorities in not communicating a decision within a reasonable time is illegal and unsustainable. Suspension cannot deprive an individual's liberty to travel abroad.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, which cannot be curtailed by the pendency of departmental proceedings without due process.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, which cannot be restricted without due process.
If a pure administrative circular/executive instruction is in conflict with certain rules and regulations, former would be bad in law.
The right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
Indefinite Look Out Circulars infringe on the fundamental right to travel abroad and violate the principle of proportionality under Article 21 of the Constitution.
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