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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ashok Kumar Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner sought noc for passport issuance. (Para 2) |
| 2. state's reasoning for noc denial. (Para 3 , 4 , 5) |
| 3. arguments about noc requirements. (Para 8 , 9 , 10) |
| 4. analysis of passport act provisions. (Para 11 , 12) |
| 5. constitutional rights regarding travel. (Para 13 , 14) |
| 6. discretion in impounding passports. (Para 15 , 16) |
| 7. court's conclusion on noc denial. (Para 17 , 18 , 19) |
JUDGMENT
SASHIKANTA MISHRA, J.
The petitioner is aggrieved by non-issue of No Objection Certificate by the authorities required for issuance of passport.
2. The petitioner is a doctor working under the State Government and is due to retire on 31.01.2026. His daughter resides in Singapore with her family. The petitioner desired to visit her at Singapore for few days and accordingly submitted online application before the authorities for issuance of passport. In view of the requirement in the application form, the petitioner being a government servant, requested the Additional Chief Secretary to Government, Health and Family Welfare Department, Odisha vide letter dated 09.06.2022 for issuance of No Objection Certificate (NOC). Said application was rejected by order dated 12.07.2022 on the ground
Right to travel abroad is a fundamental right under Article 21 of the Constitution and cannot be restricted without established law; mere pendency of disciplinary proceedings does not justify denial ....
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
Pending criminal proceedings do not bar passport renewal; authorities to process per Act, rules, notifications without routine court NOC; ordinarily 10-year validity; travel permission separate from ....
The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.
Right to hold a passport and travel is a fundamental right protected under Article 21 of the Constitution, and cannot be denied solely based on pending criminal charges without due evaluation of spec....
The court ruled that passport renewal cannot be unjustly denied based on pending criminal charges if no explicit travel restrictions are imposed by the bail order.
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
Pending departmental proceedings for absenteeism do not bar passport issuance without NOC if no moral turpitude involved.
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