RAJBARDHAN SINGH RAJPOOT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court applied to the concerned Regional Passport Office on 22.08.2006 for issue of a passport under the Tatkal Scheme. In the said application form, he gave his address as Village Gudhal, Post Barai, Tehsil Kolaras, District Shiv Puri, M.P. He also submitted a letter from SDM, Badarwas (Kolaras) who certified that the petitioner was residing at the aforesaid place. After issue of passport, the matter was referred to the concerned Police Station for verification of the address and antecedents of the petitioner. On 26.03.2007, it was reported by the Superintendent of Police, Shiv Puri, Madhya Pradesh that the petitioner was not found residing at the given address. However, no other address of the petitioner was reported by the police.

(2.) THE case of the respondent is that a show -cause notice dated 16.04.2007 was issued to the petitioner requiring him to furnish his explanation for suppressing material information in his application. The case of the petitioner, however, is that no such notice was ever received by him. The relevant file has been brought to the Court, but the said show - cause notice is not available in the file. I asked the learned counsel for the respondent as to what was the mode of service of the said notice. However, no proof of service of any such notice is available in the file brought to the Court.

(3.) SECTION 10(3) (b) of the Passport Act, 1967 provides that the Passport Authority may impound or cause to be impounded or revoked a passport, if it was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or any other person on his behalf.