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2011 Supreme(P&H) 913
PUNJAB & HARYANA HIGH COURT
Ranjit Singh, J.
Surinder Singh Sidhu
Versus
Regional Passport Officer
Civil Writ Petition No. 20748 of 2010,
Decided On : MARCH 29, 2011
The court upheld the provision of Section 6(f) of the Passports Act, emphasizing that exemptions for government employees facing criminal prosecution apply only to offences related to the discharge of public duties.
Headnote:
Passports Act - Renewal of Passport - Denial based on criminal trial
Fact of the Case:
The petitioner filed a writ petition seeking direction to renew his passport, but it was denied due to a pending criminal trial for offences under Sections 364/302/34 IPC.
Finding of the Court:
The court found that the denial of passport renewal was justified under Section 6(f) of the Passports Act, 1967, which allows refusal of travel documents for a person facing criminal charges.
Issues: The issue was whether the petitioner, facing criminal charges for serious offences, was entitled to renewal of his passport.
Ratio Decidendi: The court interpreted Section 6(f) of the Passports Act, emphasizing that exemptions for government employees facing criminal prosecution apply only to offences related to the discharge of public duties, which did not include the offence of murder in this case.
Final Decision: The writ petition was dismissed, affirming the legal and justified action taken by the respondent-Passport Authority in denying the renewal of the petitioner's passport.
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 has retired. The action taken by the respondent-Passport Authority is legal and justified.
4. The writ petition is dismissed accordingly.
