KANDE KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by way of instant writ petition has challenged the notice Annex. 5 dt. 05.10.2012 issued by the Passport Officer, Jaipur, asking him to deposit his Passport No. H -308797 dt. 13.04.2009 on the basis of Enquiry Report given by the C.I.D., Security, Jaipur, Rajasthan, and on the basis of stated reason that it is not considered in the interest of security to continue to give passport facility to the present petitioner. In response to the said notice (Annex. 5), the petitioner served a notice through advocate dt. 17.12.2012 (Annex. 5) upon the respondent -Passport Officer, Jaipur and thereafter approached by way of present writ petition.

(2.) HAVING heard the learned counsel for the petitioner, this Court is of the opinion that the petitioner can at best ask for the reasons and copy of the enquiry report of the CID, Security, Jaipur or the reasons for withdrawing the passport facility and asking him to deposit back the passport; and the petitioner can do so under the provisions of Right to Information Act, 2005 or otherwise apply to the Passport Officer for the copy of said report. Though the advocate's notice given in response to the impugned show cause notice Annex. 5 dt. 05.10.2012, in para 3 of the same, the learned counsel for the petitioner stated that without the copy of said report, it is not possible for the petitioner to reply to the said notice, however, without securing the copy of the same, the petitioner has approached this Court.