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13. On the other hand, learned counsel for the respondent submits that the RPO is enjoined by Section 5 of the Passports Act to make such an enquiry as it may consider necessary, and thereafter by an order in writing, either issue the passport or refuse the same. Learned counsel submits that under Section 5(3) of the Passports Act, it is provided that in case a passport is issued with an endorsement or is refused, the passport officer is obliged to record his reasons in brief, which has been done in the present case.

14. He further submits that the Punjab and Haryana High Court while rendering the aforesaid decisions did not consider the opening words of Section 6(1) and 6(2) of the Passports Act, which reads "Subject to the other provisions of this Act, the passport authority shall refuse .... .... ....". He submits that apart from the ground specifically mentioned in Section 6, the passport officer can refuse issuance of a passport on the ground that the information furnished by the applicant is incorrect or insufficient, and can require the applicant to resubmit the application by providing the correct and complete information.

"6. Refusal of passports, travel documents, etc. - (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any country under clause (b) or clause (c) of sub- section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:--
              (a)     .... .... ....
              (b)     .... .... ....
              (c)     .... .... ....
              (d)     .... .... ....


22. The observations made by the Full Bench that except for the four grounds mentioned in sub section (1) and nine grounds mentioned in sub section (2) of Section 6, the passport officer could not refuse the passport or travel documents on any other ground, clearly misses the opening words of Section 6(1) and 6(2) "Subject to the other provisions of this Act ..... ..... ......". Pertinently, the Full Bench also acknowledges that the stand taken by the passport authority, to the effect that the adoption was not valid, was correct. However, it directed issuance of a passport on considerations of breach of Article 21 of the Constitution, in case the passport was denied to the applicant.