IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 17678 of 2009(D) -------------------------- PETITIONER(S): --------------------- GOVINDAN NAMBISAN, PADINJAREKANNAMAVALLY MATHAM, S/O.VASUDEVAN NAMBISAN, H.NO.10, RAJENDRA NAGAR II, PALLIKUNNU PO, KANNUR DIST. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENT(S): ------------------------ 1. THE PASSPORT OFFICER, PASSPORT OFFICE, BYEPASS ROAD, ERANHIPALAM PO, KOZHIKODE, KERALA - 673 006. 2. THE ADDL.DIRECTOR GENERAL OF POLICE, OFFICE OF THE ADDL. DIRECTOR GENERAL OF POLICE, INTELLIGENCE, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17678/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTICE DT 25.9.2007. EXT.P2: TRUE COPY OF EXPLANATION DATED 18.10.2007. EXT.P3: TRUE COPY OF FINAL REPORT DT 15.6.2007. EXT.P4: TRUE COPY OF ORDER DT 27.6.2007 OF VIGILANCE COURT. EXT.P5: TRUE COPY OF NON LIABILITY CERTIFICATE DT 7.8.2008 ISSUED BY CHIEF ENGINEER, PWD. EXT.P6: TRUE COPY OF LETTER DT 17.9.2008 BY PETITIONER. EXT.P7: TRUE COPY OF THE LETTER DT 6.2.2009 BY PETITIONER. EXT.P8: TRUE COPY OF AD CARD. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17678 OF 2009 (d) ===================== Dated this the 30th day of September, 2010 J U D G M E N T Petitioner was an Executive Engineer in the Public Works Department. For the reason that he was involved in VC No.4/2004 of Vigilance and Anti Corruption Bureau, Kannur, under the provisions of the Prevention of Corruption Act, as per Ext.P1 proceedings, his passport was impounded. Ext.P3 shows that the vigilance authorities themselves have submitted a final report, disposing of the case as 'mistake of fact'. This report was accepted by the Enquiry Commissioner and Special Judge, Kozhikode as per Ext.P4 final order. It is seen that the Chief Engineer, PWD has also issued Ext.P5 non liability certificate exonerating the petitioner from monetary liabilities. Even thereafter, his passport is not released, and therefore, the writ petition has been filed seeking a direction for the release of the passport. 2. Learned Government Pleader however submits that the non liability certificate has not been accepted by the Government and the matter is still pending. Even if it is so, there is no reason WPC No. 17678/09 :2 : for withholding the passport any more. This is for the reason that the very impounding of the passport was only on account of the pendency of the vigilance case and that case has terminated by Ext.P4 order passed by the Vigilance Court accepting Ext.P3 report of the Vigilance Department. In that view of the matter, I see no reason for not releasing the passport to the petitioner. Therefore, the writ petition is disposed of directing the 2nd respondent to issue necessary clearance to the 1st respondent for the release of the passport to the petitioner on the production of a copy of this judgment. Such clearance shall be given within four weeks of receipt of a copy of this judgment and on receipt of the above, the 1st respondent shall release the passport to the petitioner forthwith subject to satisfaction of other conditions thereof. ANTONY DOMINIC, JUDGE Rp