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Section 10 in The Passports Act, 1967 [Entire Act]
Kamal Kumar Narottam Dash Parekh vs Superintendent (Administration) ... on 6 August, 2009
In
the case of Kamal Kumar Narottam Dash Parekh Vs.
Superintendent (Administration), Regional Passport Office,
Ministry of External Affairs and others reported in (2009) 4 CLT
(HC) 461, an identical question arose before a co-ordinate bench of
this court, where the passport of the writ petitioner was impounded.
The provisions of Section 10 authorized the passport authority to
impound a passport and sub-Section 5 thereof also contained a
similar condition that in case of impounding of passport, the
passport authority is to record in writing a brief statement of its
reasons for making such order and furnish to the applicant on
demand, a copy of the same. When the learned Single Judge after
examining the said question quite scrupulously in the light of the
decision of the Apex Court covering the field, authoritatively held
the opportunity of giving actual hearing in addition to recording of
reason is incumbent, when the authority concerned impounds a
passport. Now having regard to the fact that content of sub-Section
5 of Section 10 and sub-Section 3 of Section 5 are para materia, I
have no hesitation to hold in case of refusal to re-issue passport,
the applicant has a right of hearing before the order of refusal is
made and denial of hearing amounts to violation of principle of
natural justice making the order untenable. Even if the statute is
silent and there is no positive words in the Act or Rules as regards
to the same there is nothing wrong in spelling out the need to hear
the party whose right and interest likely to be affected by the order
that may be passed, unless statute expressly excludes the same.
Therefore, in the above background interference with the order
impugned by this court in exercise of its writ jurisdiction, on the
ground of availability of alternative remedy cannot be questioned.
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