JUDGMENT :

Mohit Kumar Shah, J.

The present writ petition has been filed for quashing the order dated 24.10.2017 passed by the Assistant Passport Officer, Regional Passport Office, Patna (Bihar) whereby and whereunder the passport of the petitioner herein has been impounded on account of pendency of a criminal case before a court of law, in terms of Section 10(3) (e) of the Passport Act, 1967. The petitioner has further prayed for directing the Assistant Passport Officer, Regional Passport Office, Patna (Bihar) to release the passport of the petitioner at the earliest.

2. The learned counsel for the petitioner has submitted that the petitioner is a person of repute inasmuch as he is at present a Member of the Legislative Assembly of the State of Bihar and he has also served as a Vice-Chancellor of the Bihar Agriculture University, Sabour, Bhagalpur. It is submitted that while the petitioner was Vice-Chancellor of the aforesaid University, certain selection process had been undertaken for appointment of 280 Assistant Professors-cum- Junior Scientists in 20 subjects of Agriculture Faculty and after complaint was made regarding irregularities in the said appointment, an enquiry commission was constituted to submit a report. The said enquiry commission had enquired into the matter and submitted a report dated 20.11.2016, recommending legal action against the petitioner for large scale irregularities in the appointment of Assistant Professors-cum- Junior Scientists, whereafter an F.I.R. bearing Sabour P.S. Case No. 35 of 2017 dated 21.02.2017 was lodged against the petitioner under Sections 409, 420, 467, 468, 471 and 120 of the Indian Penal Code on the allegation that in the appointment of Assistant Professors-cum- Senior Scientists under the advertisement no. 07/2011, large scale irregularities, bungling, favoritism, interpolation and manipulation have been committed by the petitioner herein. Thereafter, the petitioner had applied for grant of anticipatory bail by filing a petition bearing Cr. Misc. No. 13723 of 2017 and the Hon'ble High Court had granted anticipatory bail to the petitioner by an order dated 22.08.2017.

3. It appears that a show cause notice dated 05.09.2017 was issued by the Assistant Passport Officer, Regional Passport Office, Patna (Bihar) to the petitioner herein, directing the petitioner to submit his reply as to why his passport bearing no. Z1725594 be not impounded under Section 10(3) (e) of the Passport Act, 1967 on account of pendency of a criminal case. Thereafter, by the impugned order dated 24.10.2017, the petitioner was informed by the Regional Passport Office, Patna (Bihar) that the passport of the petitioner has been impounded under Section 10(3) (e) of the Passport Act, 1967.

4. The learned counsel for the petitioner has submitted that the aforesaid show cause notice dated 05.09.2017 was sent to a wrong address i.e. on the earlier address of the petitioner when he was Vice-Chancellor of the aforesaid University and not on the permanent and present address of the petitioner, hence, the fact is that no notice was ever served upon the petitioner, which has led to the passport of the petitioner being impounded, in gross violation of the principles of natural justice, thus, on this ground alone the impugned order dated 24.10.2017 is fit to be set aside. The learned counsel for the petitioner has further submitted that neither any charge sheet has been submitted by the police in the aforesaid Sabour P.S. Case No. 35 of 2017 nor the learned trial court has taken cognizance of the offence, hence, no criminal case can be said to be pending as against the petitioner. The learned counsel for the petitioner has further submitted that the right to freedom granted to the petitioner under Articles 19 and 21 of the Constitution of Indian cannot be infringed/ restricted.

5. The learned counsel appearing for the respondents has submitted that the passport of the petitioner has been impounded under Section 10(3) (e) of th