SATWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a permanent resident of Austria. The passport that he held expired on 4/3/2009. As per pleadings on record while in Austria, petitioner was charged and convicted for 'attempted coercion' and on account of which he remained behind the bars for 10 months but ultimately he was convicted for a sentence for a period of 6 months. Petitioner was accordingly granted compensation of 30,000 Euro on account of having remained incarcerated for a period in excess of the sentence. During the period of detention, petitioner could not get his passport renewed. Ultimately, his application for renewal of his Indian passport vide receipt dtd. 11/7/2013 remained pending in the Embassy of India at Vienna, Austria and was rejected vide order dtd. 7/7/2016 (Annexure P-6). Petitioner filed the appeal under Sec. 11 of the Passport Act against the order dtd. 7/7/2016 and which stands rejected by the Appellate Authority in terms of order dtd. 6/4/2018 (Annexure P-10).

(2.) The instant writ petition is directed against the afore noticed two orders at Annexures P-6 and P-10 respectively.

(3.) Having heard counsel for the parties at length, this Court is of the considered view that the legality of the order dtd. 7/7/2016 (Annexure P-6) need not be gone into at this stage. Such view is being taken for the reason that the facts of the present case make out a case for remand to the Appellate Authority for reconsideration.