IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2357 of 2010 1. MOHAMMAD AFTAB S/O MOHAMMAD WAZIR R/O BHUSAULA DANAPUR, P.O.- MIBARAKPUR, P.S.- PHULWARISHARIF, DISTT.- PATNA Versus 1. THE UNION OF INDIA THROUGH SECRETARY MINISTRY FOREIGN & EXTERNAL, NEW DELHI 2. THE REGIONAL PASSPORT OFFICER MAURYALOK, PATNA 3. THE PASSPORT OFFICER MAURYA LOK, PATNA ----------- 3 13.4.2010 Petitioner, being a citizen of India, has come to this Court for a direction to the respondent- Passport Officer to issue a duplicate passport to him urgently as he has Visa for entry into Saudi Arab where he is working . His original passport was been lost after his return to India. A counter affidavit has been filed on behalf of Passport Officer, Patna. Having heard the parties and with their consent this application is being disposed of at this stage itself. In 1995 petitioner applied for a passport at Passport Office at Calcutta as he was residing at Calcutta at that time. After due verification passport was issued to him. Petitioner states that he misplaced the passport and having shifted to Patna. Through agent at Patna, he applied for a fresh passport in the year 1999. Petitioner states that he had instructed the agent to mention about his earlier passport, which had been lost but apparently in order to avoid complication and as the petitioner did not have particulars of the earlier passport, which had been issued from 2 Calcutta, the agent did not mention this in petitioner’s passport application form. Application having been filed when petitioner went back to Calcutta. He discovered his passport that was issued to him in the year 1995. He states that he did not pursue the passport application as made by him in 1999. Passport issued in the year 1995 was then used by him for going abroad and working in Saudi Arab. in 2005, passport issued in 1995 expired and petitioner made an application for its renewal at Patna though it was originally issued at Calcutta. In 1995, passport was duly renewed and on the strength of which he had visited Saudi Arab for work .Recently again he lost his 1995 passport for which he lodged an FIR and then he has applied for a duplicate passport in lieu of passport issued in the year 1995 which had been renewed in 2005. Petitioner states that in the meantime, he has informed the authority that he had applied for a passport at Patna in the year 1999 but had not pursued and was not issued with any passport. When issuance of a duplicate passport in lieu of 1995 passport was getting delayed, he made enquiry and it was revealed that he applied for a passport in the year 1999, which was sent to him under registered post on 2.11.1999. He made enquiry from post office of delivery who have certified that no such registered letter was received by them for delivery to the petitioner . Under the aforesaid circumstances, petitioner filed this writ application praying for issuance of a duplicate passport to him as he had already received visa for entry into Saudi Arab. 3 The counter affidavit to say the least is vague. To the specific averment of the petitioner that he had informed the authority about having found 1995 passport and not pursued 1999 application for passport, the reply is that they are not available on records. To the specific averment made in para 22 of the writ petition that 1999 passport was not delivered to him by registered post and certificate was given by the delivery post office. To the specific averment in para 23 of the writ petition that no such passport had been sent to the petitioner by the respondent, the answer is that they are matters of records and not that they were duly sent and delivered to the petitioner. What is stated in the counter affidavit is that the petitioner had concealed material information while applying for 1999 passport, which position has been asked to explain , where-after his application for issuance of duplicate passport in lieu of passport in 1995 and renewed in 2005 would be considered. Having considered the matter, in my view, matter requires enquiry at the level of the passport office as passport is a very sensistive document. So far as passport issued in 1995 is concerned in relation to obtain it or its renewal, no fault or violation at all can be alleged against the petitioner but so far as his application in 1999 the petitioner virtually admits that he has not disclosed about his application and receiving passport earlier from Calcutta office. That in law is required to be disclosed. There cannot be any explanation 4 exonerating the petitioner in that regard but there may be an explanation to show his innocence in the matter that it was not deliberately done. What becomes more material for consideration is whether a passport was made and dispatched to deliver to the petitioner pursuant to his application in the year 1999. As noted above, the averments in the counter affidavit in this regard are vague and can be taken to be that in fact that passport was not issued. Be that as it may, the petitioner had applied for issuance of a duplicate passport on 24.12.2009 . The notice has now been issued on 15.3.2010 after more than two months and after a month of filing of the writ petition calling upon the petitioner to explain why he did not mention about his earlier passport of the year 1995 in his application made in the year 1999 for grant of a fresh passport . Passport has now become a means of securing livelihood because that is the authority for travel outside India. Respondents must take a decision promptly in the matter. Show cause now issued states that the petitioner is required to explain why in his application for passport he has not mentioned about his application for another passport in the year 1999. In my view, in view of the facts stated above, the authority must complete enquiry, as the petitioner has already filed his show cause, at an early date and take action appropriate to the facts of the case including if necessary a police verification and a security clearance in that regard but that must be done expeditiously and not at leisure and preferably within one month from the date of production of a copy of this order before the concerned officer. 5 With the aforesaid observations and directions this writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)