WASSAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of Certiorari for quashing of the impugned order dtd. 31/1/2018 (Annexure P-3) passed by the Regional Passport Authority, Jalandhar whereby passport has been declined to the petitioner by respondent No.2 on the basis of adverse report of the police authorities.

(2.) The brief facts of the present case are that the petitioner had applied for issuance of passport to the concerned Passport Authority but in the year 2012, he was informed by the Superintendent, Passport Office, Amritsar vide Annexure P-1 dtd. 11/10/2012 that his passport application dtd. 27/12/2010 was received with adverse PVR from Senior Superintendent of Police, Gurdaspur and then his case was referred to the Ministry of External Affairs, New Delhi for approval and reply was received from Ministry of External Affairs in which they had stated that in view of adverse report, Ministry is unable to grant passport facilities to the petitioner. Thereafter, the petitioner filed a writ petition before this Court bearing CWP No.6502 of 2014 which was disposed of by this Court vide Annexure P-2 on 13/12/2017. The respondent authorities had submitted before this Court in the aforesaid writ petition that a decision has been taken by the Ministry of External Affairs on 20/11/2017 to the effect that in case the petitioner submits a fresh application for re-issuance of his passport, then the same shall be processed by the concerned Passport Authority and in case a fresh application is submitted, the same shall be processed and decision thereon shall be taken at the earliest, in any case not later than six weeks on receipt thereof. The said writ petition was disposed of with a liberty to the petitioner to seek revival of the petition in case any cause of action survives. The aforesaid order dtd. 13/12/2017 is reproduced as under:-

(3.) Thereafter, the petitioner filed a fresh application to the Passport Authorities on 8/1/2018 and in pursuance of the aforesaid order passed by this Court vide Annexure P-2, the concerned Passport Authorities were required to pass an order on the fresh application. The Passport Authorities i.e. respondent No.2 thereafter passed the impugned order (Annexure P-3) on 31/1/2018 by which it has been so stated by the Passport Officer that in the absence of clear police verification report from the police authorities, the office was not in a position to issue passport in view of Sec. 6(2) (f) of the Passports Act, 1967. The relevant portion of the impugned order is reproduced as under:-