REGIONAL PASSPORT OFFICER Vs. GULAB JANI

JUDGEMENT

(1.) This is an Appeal filed against the judgment dated 25th April, 2014 passed by learned Single Judge in OWP No. 182/2014, in which respondent-writ petitioner has sought direction to the Passport Officer for issuance of Passport in her favour, which was denied to her by the Authorities. The learned writ Court after referring to the record held that nothing is alleged against the respondent which will result in denial of issuance of passport in her favour. Learned writ Court while setting aside the order impugned in the writ petition directed the Passport Officer to re-consider the entire matter and pass fresh orders after affording opportunity of hearing to the petitioner. Learned writ Court also observed that while re-considering the claim of the respondent-writ petitioner, the personal conduct and activities of the petitioner alone shall be taken into consideration for issuing or refusing of passport. Learned counsel for the appellant submitted that the report received from that concerned Police authorities by the Passport Officer left no scope with him, but to reject the application of the respondent-writ petitioner and consequently refused to issue passport in her favour.

(2.) Learned counsel on last date when confronted with the situation that if record of the field agency would show that nothing is alleged against the respondent-writ petitioner, what will be his response. He submitted that then appellant-Passport officer will re-consider the issuance of passport in terms of the judgment impugned in this Appeal.

(3.) Today in pursuance of the Court order Mr. B.A. Dar, learned AAG produced the record. Perusal of the record would show that nothing is alleged against the respondent-writ petitioner. It is said in the record that brother of the writ petitioner has crossed the LOC in the year 1994 and he is still in POK. Xerox copy of the communication send by Superintendent of Police, District, Kupwara to The Addl. Director General of Police CDD J&K, Srinagar is taken on record.