K.S. Garewal, J.:- Balwinder Kaur Saini is the petitioner who is seeking return of her passport F-5675521 issued to her on December 2,2005.

2. The petitioner’s case is that she married Anokh Singh (date not disclosed) and after marriage her husband shifted to Canada. The petitioner wished to join her husband’s home in Canada and applied for a passport, which she received and she also moved to Canada in 1997.

3. On November 2, 1997 she gave birth to a son, Kamaljot Singh Saini in Vancouver, British Columbia, birth certificate is Annexure P-1. Petitioner stayed in Canada from the year 1997 to 2004. She has given the details of the places where she worked, from April 1998 to 2003, in para 5 of the petition. In 2004 the petitioner’s passport was allegedly found to be not genuine and she was deported to India to obtain a fresh passport. The petitioner returned to India with her son, leaving her husband behind. After sometime her son returned to Canada but the petitioner per force continued to remained here.

4. The petitioner applied for a new passport, she lodged her application on November 2, 2004 and explained all the facts of the earlier passport. On November 24, 2005 the Regional Passport Officer wrote to the petitioner asking her to furnish an-affidavit regarding her marriage and give the details of her journey. She was also asked to deposit a sum of Rs.5000/­ as penalty for suppression of material facts. This letter is Annexure P-2, an excerpt of this letter is reproduced below:­

“With reference to your passport application of even number dated 2.11.2004 regarding grant of passport facilities. You are hereby again advised to furnish proper sworn affidavit stating that you are likely to get your stay regularized or visa on the basis of your marriage etc. in that country and also furnish details of your journey with old passport number, flight number date of departure and mid (sic) visa details on which you have travelled abroad and also furnish sworn affidavit if you ever sought political asylum at abroad and deposit penalty of Rs.5000/- due to suppression of the material facts.”

5. The petitioner deposited the penalty of Rs.5000/- on November 28, 2005 and also furnished her affidavit, copy of which is Annexure P-4.

6. After a year on December 2, 2005 the petitioner was issued passport F-5675521 a copy of which is Annexure P-5. However, on January 13, 2006 the petitioner was telegraphically asked to appear before the Passport Officer, Jalandhar alongwith her passport. The petitioner met the Passport Officer on the same day. She was asked to leave the passport for fulfillment of some compulsory official formalities. She was assured that the passport would be returned to her within 15 days. Consequently, the petitioner handed over her passport to the Passport Officer. However, inspite of her repeated oral as well as written requests, the passport was never returned to her. In April the petitioner received a letter dated April 19, 2006 (Annexure P-7) to the following effect:­

“ It is informed that it was reported to the Ministry that you had travelled abroad on Passport No.E-945607 pertaining to one Baljit Kaur. The competent authorities in the Ministry have therefore, decided to place your name in prior approval category which amounts to refusing you grant of passport facilities. This is for your information.”

7. Later in October she was communicated through notice dated October 5, 2006 (Annexure P-8) that she should appear before the Chief Passport Officer at Passport Office, Jalandhar on October 14, 2006 for a personal hearing. This was presumably a hearing of her appeal.

8. In the reply submitted by the respondents it has been disclosed that a personal hearing was given to the petitioner on December 18, 2006 and the appeal filed by her was rejected. The order in this regard is Annexure P-10, which is in the following terms:­

“I am directed to refer to your appeal dated 28/7/2006 for restoration of passport facilities an