- (1.) The petition contains a challenge to the communication issued on 4.2.2011 by the Regional Passport Officer (Annexure P-9) stating that the department under which the petitioner was working has requested him to deliver the ordinary passport and though the Passport Officer will not accept such a prayer, he has to secure No Objection Certificate from the department and that it was duty bound to take notice of the communication of the department and seek their views about their objection before returning the ordinary passport. The impugned letter states that when the reply is given, the matter will be considered and intimated to the petitioner.
(2.) The only contention urged before this Court is that the passport is a property of the department of Ministry of External Affairs as per Section 17 and when it is issued in name of an individual, the power to vary, impound or revoke the passport and travel documents should be done only for the reasons set forth under Section 10(3). It is necessary to reproduce the same which is as follows:- (3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,- (a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof; (b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf; Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport. (c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public; (d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India. (f) if any of the conditions of the passport or travel document has been contravened; (g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same; (h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.
(3.) The contention is that an employer cannot have an objection nor is the passport officer required to secure a 'No Objection Certificate' from the employer, before delivering the ordinary passport which was surrendered by the petitioner while taking a diplomatic passport to go abroad. It is not denied that on his return from the foreign country, he has surrendered the diplomatic passport and only when the demand for return of ordinary passport was made, the impugned communication was sent, stating that the Passport Authority has made enquiries with the employer and it would revert after the communication is received.;