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2025 Supreme(Online)(TEL) 4356
HIGH COURT OF TELANGANA
N.V. SHRAVAN KUMAR, J
Fazal Ali Syed – Appellant
Versus
Union of India – Respondent
WP/9291/2025
The court upheld the principles of natural justice in administrative actions, allowing the petitioner to submit explanations regarding pending criminal cases before any passport revocation.
Headnote:(A) Constitution of India - Articles 14, 19, and 21 - Passport Act, 1967 - Writ petition filed challenging the legality of a show cause notice issued by authorities regarding the revocation of a passport based on alleged criminal involvement and false information in the application - The petitioner sought to declare the notice as illegal and arbitrary. (Paras 2-3)
(B) Natural Justice - The principles of natural justice must be adhered to in administrative actions affecting rights, including the right to a passport. (Paras 2-3)
Facts of the case:
The petitioner applied for a reissue of his passport, which was issued on 26.09.2024. Subsequently, a show cause notice was issued citing involvement in multiple criminal cases and alleging false information in the application. The petitioner submitted an explanation, which was pending consideration. (Paras 3-5)
Findings of Court:
The court allowed the petitioner to submit explanations regarding pending criminal cases and directed the authorities to consider them and pass appropriate orders within a specified timeframe. (Paras 7)
Issues: The main issues included the legality of the show cause notice and the adherence to principles of natural justice in the revocation process.
Ratio Decidendi: The court emphasized the necessity of following natural justice principles in administrative actions and granted the petitioner the opportunity to clarify his position regarding the pending criminal cases.
Result: Writ petition disposed of.
ORDER
Heard learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed seeking the following prayer:-
“to declare the action of Respondent No.3 in issuing the impugned show cause notice dt 04.02.2025 as illegal, arbitrary, violative of the principles of the natural justice, against the settled principles of law and also violative of Articles 14, 19 and 21 of the Constitution of India the Passport Act, 1967 and consequently suspend the impugned show cause notice dt 04.02.2025 issued by the Respondent No.3 to the Petitioner.”
3. Brief facts in this writ petition are that the petitioner on expiry of his Passport bearing No.Z4196049, applied for reissue of passport and new passport bearing No.Z5438381 was issued on 26.09.2024. Thereafter, respondent No.3 issued show cause notice bearing No.Duba/Cons/405/05/2025 dated 04.02.2025, stating that as per police verification report petitioner is involved in Cr.No.861/2018 U/Sec.406, 420, 354-A, 354-D, 506 IPC-Gachibowli Ps and Cr.No.33/2021 U/Sec. 406, 420 r/w 34 IPC–CCS. In the said show cause notice, it is further stated that the address mentioned in the passport application is fake and in view of the suppression of material information and on basis of wrong information, the petitioner was directed to submit explanation within a period of 10 days, why his passport should not be impounded/revoked. Thereafter, the petitioner on 06.02.2025 submitted a detailed explanation and the same is still pending for consideration. Aggrieved by the same, this writ petition is filed.
4. Learned standing counsel appearing for respondents placed on record instructions issued by respondent No.2, relevant portion is extracted hereunder:-
“The petitioner applied for reissue of passport at consulate General of India, Dubai vide file No.UE2075354929724.
A passport bearing No.Z-5438381 dated 26.09.2024 was prepared and not dispatched.
This office received a letter No.02/DCP/MZ/Passport/Cyb/2025 dated 16.01.2025 from Deputy Commissioner of Police, Madhapur Zone, Cyberabad requesting revocation of passport of the petitioner who was in FIR No.1782/2024 u/s 420 of IPC of PS, Gachibowli, Cyberabad. As mentioned in the letter, below is the list of criminal cases in which the petitioner is involved:
i) Cr.No.861/2018 u/s 406, 420, 354-A, 354-D, 506 IPC-Gachibowli, PS
ii) Cr.No.33/2021 u/s 406, 420 r/w 34 IPC-CCS Hyderabad City
iii) Cr.No.1782/2024 u/s 420, IPC- Gachibowli PS
iv) Cr.No.6/2025 u/s 420 IPC Saifabad PS and
v) Cr.No.1826/2024 u/s 336(3), 340(2) r/w 3(5)BNS-Gachibowli PS.”
5. Learned standing counsel submits that earlier petitioner on 06.02.2025 submitted explanation with respect to Cr.No.861 of 2018 and 33 of 2021 and since there are other 3 pending crime numbers against the petitioner i.e., Cr.Nos.1782, 1826 of 2024, and 6 of 2025 and if the petitioner submits explanation/clarification with respect to the same; the respondent authorities would consider the same and pass appropriate orders in accordance with law.
6. At this stage, learned counsel for the petitioner submits that the petitioner is not aware of the Cr.No.1782, 1826 of 2024, and 6 of 2025, however seeks permission of this Court to submit explanation with respect of the said crime numbers and pray this Court to direct the respondent authorities to consider the same and pass orders in a time bound period.
7. Recording the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of granting liberty to the petitioner to submit explanation in respect of the pending criminal cases against him, within a period of one (1) week from the date of receipt of copy of this order and thereafter it is open to the respondent authorities to dispose the petitioner’s explanatio
