MONIKA KARMAKAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The 'passport authority' within the meaning of section 2(c) of the Passports Act, 1967 (hereafter the 'Act') by a notice dated October 21, 2014 called upon the petitioner to show cause within 30 days why her passport should not be revoked. She was cautioned that in the event her reply does not reach the passport authority within 30 days from date of issue thereof, her passport may be revoked under section 10 (3)(a) of the Act. Upon receipt of such notice, the petitioner duly responded by her representation dated November 03, 2014. She alleged that one Raja Mondal and one Debaprasad Bhattacharjee were trying to grab her property by describing her as a Bangladeshi national and that they have been trying to cancel the passport issued in her favour. It was, however, averred that the petitioner had been working in the house of Dr. S.K. Majumdar, a retired officer of the Kalyani University since long and that no case for revocation of her passport had been made out.

(2.) It appears from the records produced by Mr. Sarkar, learned senior Central Government advocate that two notices were issued to the petitioner calling upon her to attend a personal hearing. Despite receipt of such notice, the petitioner did not appear before the passport authority.

(3.) An order was passed on March 31, 2015, whereby the petitioner was informed of the decision of the regional passport office to revoke her passport under section 10(3)(b) of the Act. She was, accordingly, directed to submit her passport to the passport office immediately. The order dated March 31, 2015 is the subject matter of challenge in this writ petition basically on the ground that the petitioner was asked to show cause why her passport should not be revoked under section 10(3)(a) of the Act but the decision to revoke her passport was taken under section 10(3)(b) thereof, without giving an opportunity to her to raise effective defence.