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Amy (Manager)     10 September 2013

Passport - employment details

Dear All,

My mother applied for a passport 3 years back and got her passport. She was a Govt servant (Govt school teacher) and her employment details were not disclosed in her passport as she had to get NoC from Education department while applying for her passport. Getting a NoC involves time and as we were in a bit hurry to apply for her passport and get US Business visa ( Tourist visa applied stating that she was to visit my brother's graduation ceremony). She did get her passport and visa but could not travel due to other family issues. She is now 58 years old and retired from her services and is at home.

Now she needs to travel to be with my brother for 6 months who is a research scholar there. However she is scared to travel on that passport and wants to have her passport details corrected. She wants to have her employment details (Govt employment) disclosed and have this rectified.  I am not very certain on the implications of disclosing her employment details now . From the Indian Passport penalty page, I could see there is a2500 Rs/- penalty applicable. However I am not sure if there will be a legal procesion as well for suppression of information. Can you please guide me on how to go about this.

My mother is very adamant to have her passport details corrected . Your guidance will be much appreciated.



Learning

 11 Replies

Tajobsindia (Senior Partner )     11 September 2013

1.    The penalty is now 5 K and or imprisonment of (1 previously now) 2 years in jail as per S. 12 of India Passport Act.

2.    Suggest her to voluntarily confess to giving false statement earlier and releif for its correction and also pray / seek leniency in fine / punishment from Passport Sewa Kendra nearest to her by way of an Applciation.

3.  Also check on her ECR / ECNR stamp as that status is missing from your brief !

1 Like

Amy (Manager)     11 September 2013

Thanks Tajobsindia for the details. Penalty and imprisonment details are very scarying.

My mother is ready to confess voluntarily for giving wrong information. But my worry is , will there still be any legal prosecutions if she voluntarily confessess about suppressing information about her employment. Is there any way that we can protect against the legal implications, before requesting for re-issue of passport. Thanks again for your inputs.

 

On the ECR/ ECNR part - I am not sure on the status , I shall check and come back to you sir. 

 

Tajobsindia (Senior Partner )     12 September 2013

1.    Chances are less but one never knows as there is no harm in trying this time as 3 years already spent in procrastinating about it.

1 Like

Priya Sukumaran (Consultant)     12 September 2013

Hey don't worry. She can get the NOC and go to passport office RPO and get it rectified

1 Like

Amy (Manager)     13 September 2013

Thanks Priya. She is now retired and does she still require a NOC? Or would a Pension Payment Order suffice

Priya Sukumaran (Consultant)     13 September 2013

she can produce her pension order book..and get it done in RPO, may i know which rpo it is??

Sudhir Kumar, Advocate (Advocate)     15 September 2013

I disagree with above discussion by Priya.

 

Had misconduct of your mother come to notice during service she could have been in trouble. Recent instructions call for provision of intimation to the department and not NOC.  Even NOC is obtained by Govt servants after applying.

 

It also implies that even the information given in passport application is wrong.

 

Now she is retired.

 

It is surprising that she was bold enough and did not hesitate to commit misconduct while in service and now she is worried.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     15 September 2013

I have to agree with Tjobsindia.  I do not know on what basis Priya said that "She can get the NOC" There is no provision for back date NOC for a retired employee.

 

There is also no provision for retired employee needing NOC for passport.

Priya Sukumaran (Consultant)     16 September 2013

I didnt know she is retired.. she can get it sorted out.. i am there to help her.. this is not a big issue as everyday we face more issues that are bigger than this..

1 Like

Shantanu (engineer)     26 September 2013

Hello Priya,

My father in law is in a similar situation. He got passport without NOC since his office was taking too long to provide him NOC and in hurry he got passport and got NOC few months later. Now, he wants to travel to USA. He has VISA already. His office is not allowing him to travel to USA and everybody in his office know it. How he can solve this issue. Please let me know in what way we can get legal help. Also, I would like to add that we thought about it and the passport website just says about 2500 rs penalty and nothing else like imprisonment (https://passport.gov.in/cpv/penalty.htm)

If he take appointment with passport seva, he suspect that they will fire him from his job, ask to pay penalty and will confisticate passport and will not provide passport for another 10 yrs and hold his pension forever. Someone in his office scared him with above. Please help us out.

Priya Sukumaran (Consultant)     26 September 2013

come to office...or call me 81444-36360...


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