GOVERNMENT OF INDIA Vs. S BRAHMANANDA REDDY

JUDGEMENT

(1.) As both the writ appeal and the writ petition are interlinked the same are disposed of by this common judgment. The petitioner is a practising advocate of this Court. He obtained a passport bearing No.B 182627 with a view to settling down in Newzealand to seek better prospects. It so happened, according to him, he lost that passport on 15-6-1993 when he was taking the same to a photocopier for obtaining copies. He also claims that as he did not have the particulars of the lost passport and as he was eager to go to Newzealand, instead of lodging a complaint with the police that he lost the passport and thus set in motion the prescribed procedure for obtaining a duplicate passport, he thought it expedient to resort to a short-cut method by applying for a fresh passport which work he entrusted to a travel agent. In column 15 of the application against the question "Did the applicant ever hold a passport/ travel document or apply for it?, the answer 'Yes' was struck off and what remained was the answer 'No' which dearly implied that he did not at any time in the pasl; apply for a passport/travel document. Basing upon the information fumished by him in the application for second passport the authority concerned granted him the passport bearing No. Q 377444 on 12-10-1993. As he obtained sponsorship forms from the United States for a visiting visa he had to approach the passport authorities for a police clearance certificate. Presumably by then the whole data was computerised by the passport office. It then came to light that he obtained an earlier passport bearing No.B 182627 which information he withheld in the second application.

(2.) A show-cause notice was issued to him by the passport officer on 11-7-1994 under Section 10 (3)(b) calling upon him to explain the circumstances under which you have suppressed the material information to this office and obtained the second passport". He was also called upon to surrender his passport along with the explanation. Instead of submitting an explanation the petitioner filed an affidavit before the Passport Officer in which after setting out the details as to how he lost the first passport he averred:

(3.) Without preferring the statutory appeal as ordained by Section 11 of the Passports Act, 1967 the petitioner filed the present writ petition - WP No.16828 of 1994 - and sought a direction for issuance of passport without making any entries so that he may obtain visa to go to other countries. The learned single Judge allowed that interlocutory application by granting a direction to the Passport Officer to issue the passport No. Q.377444 dated 12-10-1993 to the petitioner without making any entries amounting to disability for obtaining visa to other countries, pending further orders on this petition". Aggrieved by that the Passport Officer filed Writ Appeal No.1505 of 1995.