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2011 Supreme(P&H) 913

RANJIT SINGH
Surinder Singh Sidhu – Appellant
Versus
Regional Passport Officer – Respondent


Judgment

RANJIT SINGH, J.

1. The petitioner has filed this writ petition for seeking direction to the respondents to renew his passport.

2. In response to the notice, reply is filed showing that the petitioner is facing a criminal trial for an offence under Sections 364/302/34 IPC, (dated 27.2.1997). The petitioner was serving as a PPS officer and a case was registered against him on the direction of the Honble Supreme Court. Pendency of the case is the reason to deny this request made by the petitioner.

3. There is a specific provision made in the form of Section 6(f) of the Passports Act, 1967 that the the travel documents, in case of a person, who is facing criminal charge, shall be refused. The submission that there is an exemption in favour of the Government employees for grant of passport even if they are facing criminal prosecution, is apparently misconceived. That exemption obviously is in those cases where some allegations are made of an offence, which is related to discharge of public duties. Offence of murder can not fall in the category of offence, which could be committed in discharge of public duties. Otherwise also the petitioner is no more a Government servant and ha

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