Delay in issue of passport by govt,govt is liable to pay costs
It is well settled that the jurisdiction under Article 226 is both
discretionary and equitable. The existence of technical question and error of
jurisdiction need not persuade the Court to exercise such jurisdiction unless
it is satisfied that the ends of justice required it to do so. By filing the
present Petition, the Union of India has not only disclosed utter insensitivity
to its duty as an authority under the Passport Act but also aggraved the
agony to a citizen who sought for a passport and was kept completely in the
dark. It suggested unreasonably that a fresh application had to be made
without, disclosing the fate of the previous application, or why such fresh
application was necessary. It has not questioned, in this proceeding, the
direction by CIC to issue passports on the basis of the old applications – this
establishes that its requirement to the applicant to move afresh was
unjustified. In the circumstances, even while allowing the Writ Petition to the
extent that award of compensation of Rs.5000/- is set aside, the Union of WP (C) 6661/2008 Page 8 of 7
India is hereby directed to pay costs to the second respondent to the extent
of Rs.55,000/-. WP (C) 6661/2008
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 16.04.2009
+ W.P. (C) 6661/2008
U.O.I
versus
CENTRAL INFORMATION COMMISSION &ORS
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
