Case Note & Summary
The petitioners, Rajinder Kaur Jaspal Singh Layal, Kanwarpal Singh Jaspal Singh Layal, and Susmeet Singh Jaspal Singh Layal (the latter being a minor represented by his mother), filed a writ petition before the Bombay High Court challenging three orders passed by the Regional Passport Officer, Mumbai. Two orders were dated 22nd December 2020 and one order was dated 23rd December 2020, by which their passports were impounded. The petitioners contended that the impugned orders were passed without any notice or opportunity of hearing being afforded to them, thereby violating the principles of natural justice. The respondents included the Union of India, the Regional Passport Officer, and Gurvinder Chanan Singh Layal. The court, after hearing the parties, observed that the orders were passed in gross violation of natural justice. The court noted that the passport authority had not given any hearing to the petitioners before impounding their passports. Consequently, the court quashed and set aside the impugned orders and directed the Regional Passport Officer to reconsider the matter afresh after giving an opportunity of hearing to all concerned parties. The petition was allowed, and rule was made absolute with no order as to costs.
Headnote
A) Passports Act, 1967 - Impounding of Passport - Natural Justice - Section 10(3)(e) - The Regional Passport Officer impounded the passports of the petitioners without affording them an opportunity of being heard. The court held that the orders were passed in gross violation of principles of natural justice and quashed them, directing the passport authority to reconsider the matter after hearing all parties. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Article 226 - The High Court exercised its writ jurisdiction to quash orders that were passed without following the mandatory procedure of hearing under the Passports Act, 1967. The court held that the impounding of passports without notice is unsustainable in law. (Paras 1-3)
Issue of Consideration
Whether the impugned orders dated 22nd December 2020 and 23rd December 2020 impounding the passports of the petitioners are liable to be quashed for violation of principles of natural justice.
Final Decision
The court allowed the petition, quashed and set aside the impugned orders dated 22nd December 2020 and 23rd December 2020, and directed the Regional Passport Officer to reconsider the matter afresh after giving an opportunity of hearing to all concerned parties. Rule made absolute with no order as to costs.
Law Points
- Natural justice
- Passport impounding
- Right to be heard
- Section 10(3)(e) Passports Act 1967
- Writ jurisdiction
