SHAIFAZAINAB Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 25.11.2013 impugned at Annexure-A and the order dated 20.07.2012 impugned at Annexure-F1 to the petition.

(2.) The petitioner was issued with a Passport and the same had been subsequently renewed. In respect of the passport for which the application was made under 'Tatkal Scheme', one Sri H.K. Subhash who had acted as an agent for the petitioner is stated to have submitted certain forged certificates along with other documents. In that regard, criminal proceedings has been initiated against the said Sri H.K. Subhash. In that light, by the communication dated 20.07.2012 issued by the second respondent to the petitioner, the Passport bearing No. K2773957 issued on 15.05.2012 to the petitioner has been impounded. Against the said order of impounding, the petitioner had filed an appeal as provided under Section 11 of the Passports Act, 1967. The Appellate Authority by the order dated 25.11.2013 has dismissed the appeal. In that view, the petitioner claiming to be aggrieved is before this Court.

(3.) The respondents have filed their objection statement. They seek to contend that though the Passport was issued after verification, it is subsequently learnt that the documents submitted in support of the Passport viz., the application was said to have been forged and in that view, the proceedings is stated to have been initiated against the Agent who had made the application on behalf of the petitioner. In that light, it is contended that Section 10(3)(b) would provide that action could be taken even when such document is submitted by any other person on behalf of the applicant. It is therefore contended that the action initiated is justified.