JASWINDER SINGH Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The petition contains a challenge to the communication issued on 4.2.2011 by the Regional Passport Officer (Annexure P-9) stating that the department under which the petitioner was working has requested him to deliver the ordinary passport and though the Passport Officer will not accept such a prayer, he has to secure No Objection Certificate from the department and that it was duty bound to take notice of the communication of the department and seek their views about their objection before returning the ordinary passport. The impugned letter states that when the reply is given, the matter will be considered and intimated to the petitioner.

(2.) The only contention urged before this Court is that the passport is a property of the department of Ministry of External Affairs as per Section 17 and when it is issued in name of an individual, the power to vary, impound or revoke the passport and travel documents should be done only for the reasons set forth under Section 10(3). It is necessary to reproduce the same which is as follows:-

(3.) The contention is that an employer cannot have an objection nor is the passport officer required to secure a 'No Objection Certificate' from the employer, before delivering the ordinary passport which was surrendered by the petitioner while taking a diplomatic passport to go abroad. It is not denied that on his return from the foreign country, he has surrendered the diplomatic passport and only when the demand for return of ordinary passport was made, the impugned communication was sent, stating that the Passport Authority has made enquiries with the employer and it would revert after the communication is received.