TWISHA PRASAD Vs. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA & ORS.

JUDGEMENT

(1.) Petitioner has filed this writ application challenging the communication dated 6.9.2012, as contained in Annexure-8, by which she has been informed that a penalty of Rs. 500/- has been imposed on her as she had not mentioned in her application form while applying that she was studying in Guwahati. Learned senior counsel for the petitioner submits that the petitioner had submitted an application for passport with the Regional Passport Office, Patna giving her permanent address, a copy whereof is annexed as Annexure-1 with the writ application. However, in the application, inadvertently she does not disclose that on the date of application she was a student of IIT, Guwahati. Later on, this information was furnished to the Passport Officer on the basis of which the necessary reports were called for from the police at Guwahati and the same was submitted by the S.S.P., Guwahati which was received in the Passport Office. He submits that this fact has been acknowledged in the impugned communication also. Hence, it has been held that there was no need for the petitioner to surrender her passport. He submits that the passport office has not found that the information was wrong or was suppressed deliberately. Hence, there was no deliberate suppression of any fact by the petitioner.

(2.) A counter affidavit has been filed in this case. Learned counsel appearing for the respondents submits that since information of present status of the petitioner had not been furnished in the application she was liable to be imposed a penalty in terms of Section 12(1)(b) of the Passport Act, 1967.

(3.) The Section 12(1)(b) of the Passport Act reads as follows:--