Sandeep Singh v. Union Of India And ANR

CWP-1895-2021 (O&M) -12023:PHHC:163166

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-1895-2021 (O&M) Date of Decision : 19.12.2023 Sandeep Singh ......... Petitioner

Versus

Union of India and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Ms.Harpreet Kaur, Advocate for the petitioner.

Ms. Shweta Nahata, Sr.Panel Counsel for the respondents-UOI.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of show cause notice dated 11.01.2021 (Annexure P-10) whereby regional passport authority has called upon him to show cause as to why action should not be taken against him under Passport Act. The petitioner has been further asked to surrender his passport.

2.

Learned counsel for the petitioner submits that passport authority cannot impound passport without granting an opportunity of hearing to the petitioner. The petitioner has right to put forth his stand and passport authority is bound to consider submissions of the petitioner before passing order of impounding passport.

3.

Learned counsel for the respondents submits that the petitioner had obtained passport by concealing material facts, thus, impugned show Anju Goel 2023.12.19 17:22 I attest to the accuracy and integrity of this document Chandigarh

CWP-1895-2021 (O&M) -22023:PHHC:163166 cause notice was issued. She is unable to controvert the fact that the respondent is bound to grant an opportunity of hearing as well as opportunity to file reply before passing order of impounding passport. 4.

It is settled proposition of law that no adverse order can be passed without granting opportunity of hearing and opportunity to put forth his defence. The respondent issued show cause notice in 2021 and till date no order impounding passport has been passed.

5.

The passport authority is hereby directed to grant an opportunity of personal hearing to petitioner and thereafter pass a speaking order with respect to aforesaid show cause notice. The needful shall be done within three months from today.

5.

The present petition stands disposed of.

( JAGMOHAN BANSAL ) 19.12.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No Anju Goel 2023.12.19 17:22 I attest to the accuracy and integrity of this document Chandigarh