Date Of Decision:18.09.2013 vs Union Of India And Others on 18 September, 2013

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Punjab-Haryana High Court

Date Of Decision:18.09.2013 vs Union Of India And Others on 18 September, 2013

Bench: Rameshwar Singh Malik

                                                               Saluja Mukesh Kumar
                                                               2013.09.20 16:39
                                                               I attest to the accuracy and
                                                               integrity of this document
CWP NO.15514 of 2012 (O&M)                                                  1

HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT
                  CHANDIGARH

                                       CWP NO.15514 of 2012 (O&M)
                                        Date of decision:18.09.2013

Rajesh Kumar
                                                          ...Petitioner(s)

                                  Versus

Union of India and others
                                                          ...Respondent(s)

CORAM:      HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

      1.    To be referred to the Reporters or not ?
      2.    Whether the judgment should be reported in the Digest ?


Present:    Mr.Amit Khatkar,Advocate,
            for the petitioner.

            Mr.Karminder Singh, Advocate,
            for UOI.

            Mr.Deepak Jindal, DAG, Haryana.


RAMESHWAR SINGH MALIK, J. (Oral)

Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus.

Learned counsel for the petitioner submits that although there were some criminal cases pending against the petitioner but he had been acquitted in all the cases and as on date, factual position is that, no more criminal case is pending against the petitioner. He was acquitted in the criminal trial in the year 2007 and thereafter, he had not been facing any more criminal trial. Thereafter, he moved an application to respondent No.3 for issuance of passport way back on 26.2.2009. A reminder was sent vide communication dated 5.5.2012 (Annexure P-3) but the matter was still pending before the respondent authorities.

Saluja Mukesh Kumar 2013.09.20 16:39 I attest to the accuracy and integrity of this document CWP NO.15514 of 2012 (O&M) 2

Learned counsel for respondent No.3 submits that latest police verification report is still awaited from respondent No.2. He further submits that as and when the latest police verification report is received from respondent No.2, needful shall be done within a period of four weeks thereafter. Learned counsel for respondent No.2 also fairly states that given an opportunity, the latest police verification report shall be forwarded to respondent No.3 within a period of four weeks from today.

Learned counsel for the petitioner also fairly states that in view of the above-said fair statements made by learned counsel for respondent No.2 as well as learned counsel for respondent No.3, let the present writ petition be disposed of.

In view of the above-said respective statements made by the learned counsel for the parties, the instant writ petition is ordered to be disposed of with a direction that respondent No.2 shall ensure sending of latest police verification report about the petitioner to respondent No.3 within a period of four weeks from today. After receipt of the latest police verification report from respondent No.2, respondent No.3 shall do the needful within a period of four weeks thereafter.

With the observations made and directions issued here-in- above, the present writ petition stands disposed of.

A copy of this order, under the signatures of the Court Secretary, attached to this Bench be supplied to the learned counsel for the State, for onward transmission to the competent authority, for compliance thereof.



18.09.2013                      (RAMESHWAR SINGH MALIK)
mks                                     JUDGE

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