Noc for passport
mahendrakumar
(Querist) 21 September 2011
This query is : Resolved
is passport a fundamental right?
can the issue of passport denied?
if so on what grounds?
Can any employer in the country deny "NOC" for applying for a passport in case o9f an employee?
if the employer denies it,on what ground they can do so?
Guest
(Expert) 21 September 2011
Passpost does not fall within the sccope of any fundamental right.
Passport can be denied on valid grounds.
Yes, the employer has the discretion to issue or deny NOC to his employee.
Normally, on the exigency of service the NOC is denied. Otherwise also, an employer is not answerable for any reason for denial of NOC.
ajay sethi
(Expert) 21 September 2011
i agree with MR dhingra
Shastri J.K.
(Expert) 21 September 2011
i also agree with MR dhingra.
Sailesh Kumar Shah
(Expert) 21 September 2011
is passport a fundamental right?
Ans. yes, As per Supreme Court Judgement on
Rabinder Nath Malik vs Regional Passport Officer, New ... on 23 December, 1966
R.Ramachandran
(Expert) 21 September 2011
Dear Mr. Shailesh,
The decision in the case of Rabinder Nath Malik is that of Delhi High Court and not of Supreme Court of India.
Further more, that decision does not say that "Passport is a fundamental right". It says quite the contrary. Perhaps you may like to once again go through the decision to note its true import.
mahendrakumar
(Querist) 21 September 2011
any judgements of the supreme court on the subject to support your view Dhingraji?
request other experts also provide any judgement if any in this ?
Sailesh Kumar Shah
(Expert) 21 September 2011
Sir,
Thanks for correcting me.
Satwant Singh Sawhney vs D. Ramarathnam, Assistant ... on 10 April, 1967
R.Ramachandran
(Expert) 21 September 2011
Dear Mr. Shailesh,
Can I know the purpose for which you have made available the judgment in the case of Satwant Singh Sawhney?
Sailesh Kumar Shah
(Expert) 21 September 2011
Sir,
Its the answer of query, which was asked by author.
R.Ramachandran
(Expert) 21 September 2011
Dear Mr. Shailesh,
It is ok. But what is the answer to the querist. Whether passport is a fundamental right or not? What does the latest SC decision attached by you say?
Guest
(Expert) 21 September 2011
Dear Shailesh,
Right to personal liberty or right to travel cannot be equated with right to passpost, as a fundamental right.
In your own attachment, you may please like to see the following text under the conclusion part starting with "TO CONCLUDE" at page 22 and please throw light what does the text conveys about issue of passport as a fundamental right or as a facility provided to individuals:
"the better view in our country is that a person is ordinarily entitled to a passport unless, for reasons which can be established to the satisfaction of' the Court, THE PASSPORT CAN VALIDLY REFUSED TO HIM. Since an aggrieved party can always ask for a mandamus if he is treated unfairly, IT IS NOT OPEN, BY STRAINING THE CONSTITUTION, TO CREATE AN ABSOLUTE AND FUNDAMENTAL RIGHT TO PASSPORT WHERE NONE EXISTS IN THE CONSTITUTION. There is no doubt a fundamental right to, equality in the matter of grant of passports (subject to reasonable classifications) but THERE IS NO FUNDAMENTAL RIGHT TO TRAVEL ABROAD OR TO GRANT OF A PASSPORT. With all due respect we say that the Court has missed one for the other. The solution of a law of passports will not make things any better. EVEN IF A LAW WERE TO BE MADE THE POSITION WOULD HARDLY CHANGE BECAUSE THE UTMOST DISCRETION WILL HAVE TO BE ALLOWED TO DECIDE UPON THE WORTH OF AN APPLICANT. The only thing that can be said is that where the passport authority is proved to be wrong, a mandamus will always right the matter."
