Gopinath (Software Engineer) 26 September 2010

Applying passports for my parents..URGENT HELP REQUIRED FRIE

Both of my parents have a CBI case running on. Both of them are government employees.

As of now they dont have a passport now we are in need of applying the same. They need to travel to US asap for my sister's marriage.(just for a week)

Read in another thread we need to proceed to court in our case to obtain a NOC for this.

Also someone mentioned "f you are a government employee you will need NOC from the employer also for applying for new passport or renewal of passport apart from trial court NOC.The government may not grant NOC if Disciplinary proceedings are pending"

This is my major concern and can anyone advise what can be done this regard?

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6 Replies

N.K.Assumi (Advocate) 26 September 2010

You have not mentioned whether your parents were arrested by the CBI and bail obtained after arrest, as in that case bail conditions assumed great imnportance for travelling aboard. Section 6 of the passprt act is very clear regarding refusal to travel aboard. Yes, CBI inquiry may be there but we do not know what will happen to the inquiry and how many years it will take for the CBI to complete the inquiry, and as such I am of the view that they can travel aboard as right travel aboard has been recognized as right to personal liberty under Article 21 of the Constitution in the celebrated case of Maneka Gandhi vs UOI 1975 (1) SCC 248.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 26 September 2010

AS PER UR URGENCY H.C CAN DIRECT THE PIO TO ISSUE PASSPORT TO VISIT U.S WITH LIMITED VALIDITY. HENCE U HAVE TO APPROACH THE H.C UNDER 482 READ WITH 226. YOU CAN EASILY GET THE PERMISSION WITHIN A WEEK TIME. WITH SOME CONDITIONS AND SURETY.

Gopinath (Software Engineer) 26 September 2010

First of all my heartfelt thanks for replying this guys...And it's a great relief to hear that there could be solutions to this problem of mine...

@ N.K Assumi

Thanks to your reply...My parents were never arrested... CBI had finished all their inquires and handed over the case to my parents department(which is BSNL ..both of my parents are working in BSNL only)..However as the case is still with the department my parents cannot obtain a NOC from them which needs to be submitted for applying the passports..

@PJanardhana Reddy

Thanks to your reply too... In this case how much time of validity would be provided? Because I'm expecting the intended visit to be happening like 4 months from now..So in that case is it wise to apply for the passports now itself or wait for some more time? And if i apply now and the validity of the passport expires before the actual travel is , would there be a provision to extend the validity?

Also for applying visa to US consulate which is the next big step do we have to get a seperate NOC from court for that as well? Kindly let me know..

Once again thanks for your time guys...

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 26 September 2010

NORMALLY COURTS GRANTS ONE YEAR VALIDITY ONLY, IN SOME SPECIAL CASES I.E EDUCATION ,HEALTH GROUNDS IT MAY BE EXTENED TO UNTIL THE TENURE. BETTER -FIRST OBTAIN THE PASSPORT, THEN IF U FAILED TO AVAIL ONE YEAR TIME DUE TO DELAY IN VISA &IMMIGRATION FORMALITIES THE ONE YEAR PERIOD CAN BE EXTENTED BY H.C UNDER ART.226 AGAIN.

IN THE SAME PETITION MAKE THE BSNL ALSO PARTY AND SEEK DIRECTIONS TO ISSUE NOC .

(Guest)

Right to travel has been recognized by the Supreme Court even in the case of terrorists. Ref to Satwant Singh case. It comes under the purview of Article 21 of the Constitution. India is perhaps the only country where prisosners and known criminals can't be handcuffed. Philp John case Phlip John Vs H.P.