Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
Neeraj Saxena, S/o Sh. M.l. Saxena – Appellant
Versus
Rajasthan Electronics And Instruments Ltd., Through Its Managing Director – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. The issue involved in this petition is “whether the petitioner can be deprived of travelling abroad because of the pendency of departmental enquiry against him.” As a matter of fact the son of the petitioner is residing at Singapore, and the petitioner wants to visit him for family reasons for a period of six days, but permission has not been granted to him by the respondent-department on the ground that a departmental charge-sheet has been issued against him. In this background, the issue involved in this petition is required to be decided.
2. The instant writ petition has been filed with the following prayer:-
“i. Call for the entire record of the case and examine the same;
ii. By an appropriate writ, order or direction in the nature thereof, thereby direct the respondent to grant permission to the petitioner to travel abroad (Singapore) from 30.10.2024 to 04.11.2024.
iii. Any other appropriate order or direction which your Lordships may deem fit and proper in favour of the Petitioner may also be passed in the interest of justice.
iv. Cost of Writ Petition may kindly be awarded in favour of the Petitioner.”
3. The fact of the case, in brief, are that the
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 aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
The right to travel abroad is included under Article 21 of the Constitution, protecting even foreign nationals facing trial from undue restrictions.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
