The importance of coming to the court with clean hands and disclosing true and complete facts.

JUDGMENT :

Jasgurpreet Singh Puri, J.

Through Video Conferencing

CM-4928-CWP-2021

1. Exemption granted, as prayed for.

2. Annexures R-1 and R-2 are taken on record.

3. The application stands disposed of.

CM-4929-CWP-2021

4. This application has been filed for placing on record the short reply by way of affidavit.

5. For the reasons recorded in the application, the same is allowed. The accompanying short reply by way of affidavit of Purshotam Kumar Padam, Assistant Passport Officer, Jalandhar is taken on record.

Main case

6. The present petition has been filed under Articles 226/227 of the Constitution of India seeking a writ, order or direction especially in the nature of certiorari for setting aside the letter dated 04.02.2021 (Annexure P-11) issued by respondent No. 2, whereby the file submitted by the petitioner has been closed.

7. At the time when notice of motion was issued on 16.03.2021, the learned counsel for the petitioner had submitted that the petitioner had applied to the passport authorities for adding the name of his wife in the passport but the passport authorities vide Annexure P-10 had asked for some more details and documents. He had further submitted that the petitioner had been visiting the passport office number of times and had supplied all the documents but the passport authorities have not considered the same and rather passed an order Annexure P-11 whereby the application has been declined only on the ground that there was no response from the petitioner. He had further categorically submitted that the petitioner visited the passport office number of times but this order has been passed on wrong facts and that since he is working in Italy, he has to leave on 06.04.2021.

8. On the basis of the averments made in the writ petition and arguments raised by the learned counsel for the petitioner, this Court had issued notice of motion for 25.03.2021 and Mr. Ankur Sharma, Advocate had accepted notice on behalf of respondent Nos. 1 and 2 (Union of India and Regional Passport Officer, Jalandhar respectively). The State was also represented by Deputy Advocate General, Punjab. Direction was issued to the Regional Passport Officer, Jalandhar to file affidavit before the next date of hearing and the learned counsel for the Union of India was also asked to seek instructions that in case the petitioner now supplies all the documents, which are required then whether the impugned order can be reviewed in accordance with law or not. The order of notice of motion is reproduced as under:-

"Learned counsel for the petitioner has submitted that the petitioner had applied to the passport authorities for adding the name of his wife in the passport but the passport authorities vide Annexure P-10 had asked for some details and documents. He submits that the petitioner had been visiting the passport office number of times and had supplied all the documents but the passport authorities have not considered the same and rather passed an order Annexure P-11 whereby his application has been declined only on the ground that there was no response from the petitioner.

Learned counsel has categorically submitted that he has visited the passport office number of times but this order has been passed on wrong facts. He has further submitted that the petitioner is working in Italy and he has to leave for Italy on 6.4.2021 for the said purpose and therefore, there is urgency in the matter.

Notice of motion for 25.3.2021.

Mr. Ankur Sharma, Advocate, accepts notice on behalf of respondent Nos. 1 and 2.

On asking of the Court, Ms. Maloo Chahal, DAG, Punjab, accepts notice on behalf of respondent Nos. 3 and 4.

Let Regional Passport Officer, Jalandhar, Punjab, file affidavit before the next date of hearing with an advance copy to the learned counsel for the petitioner.

Learned counsel for Union of India would also seek instructions that in case the petitioner now supplies all the documents which are required then whether the impugned order can be reviewed in accorda