Disposed

Myneni Gopi Chand v. the Secretary

Andhra Pradesh HC15 Nov 2023WP/24711/2023

Case brief

AI extract

What is this about?

Petitioner challenged delay in issuing Police Clearance Certificate for UK travel while holding a valid passport. Court directed authorities to forward case details and issue certificate within specified timelines.

What did the court decide?

Directing 5th and 6th respondents to forward case details within two weeks, followed by issuance of Police Clearance Certificate by 2nd respondent within four weeks thereafter.

Myneni Gopi Chand Vs the Secretary — Service and Employment | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.24711 of 2023

Between:-

Myneni Gopi Chand

…. Petitioner And

The Secretary, Ministry of External Affairs, Government of India, New Delhi and five others.

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…. Respondents

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Counsel for the Petitioner : Mr.Rajesh Varma Songa

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Counsel for the Respondents: Mr.T.Ashok Srivastava Reddy

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on behalf of Mrs.Alekha Tadasina, counsel for 1^st to 3^rd respondents. Government Pleader for Revenue

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ORDER:

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This Writ Petition is filed aggrieved by the action of the respondents 1 to 3 in keeping the request of the petitioner for issuance of Police Clearance Certificate pending and for a consequential direction to issue the same. 2) Learned counsel for the petitioner made his submissions to the effect that the petitioner is aspiring to go to United Kingdom (UK) in pursuit of job basing on his educational

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qualifications. He submits that earlier the petitioner had applied for passport in the year 2021 and the same was issued with File No.V4305311, which is due for expiry on 22.11.2031. He submits that with the said passport the petitioner had also visited Dubai and for the purpose of the petitioner’s visit to United Kingdom the ‘Police Clearance Certificate’ is required. The petitioner submitted entire information about the criminal cases, including the order of conviction dated 05.07.2019 in C.C.No.319 of 2017 on the file of the Additional Judicial Magistrate of 1^st Class, Gudivada, wherein a fine of Rs.5,000/- was imposed on the petitioner for the offence under Section 324 r/w 34 IPC. Learned counsel submits that despite the same, the respondent authorities are not taking any action to issue the Police Clearance Certificate and the delay in that regard is causing serious prejudice and irreparable loss to the petitioner. Making the said submissions, learned counsel for the petitioner seeks the relief as sought for in the Writ Petition.

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Learned Assistant Government Pleader for Home, representing respondents 4 to 6, submits that the relevant information on the petitioner’s antecedents after due

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verification has already forwarded to the Special Branch, Machilipatnam, Krishna District, long back and the grievance of the petitioner against the respondents 4 to 6 is not well founded.

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Learned counsel appearing for the respondents 1 to 3 states that if the relevant information is received by the 3^rd respondent with regard to the petitioner’s request for Police Clearance Certificate, necessary action would be taken.

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This Court has considered the submissions and perused the material on record. Though the learned Assistant Government Pleader for Home stated that the relevant information has already been forwarded to the concerned Department, specific details in this regard are not available. Be that as it may, when the petitioner has already obtained passport and travelled to abroad on the earlier occasion with the said passport which was issued on 23.11.2021, this Court

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see no good reason for the delay in issuance of Police Clearance Certificate. In W.P.No.19480 of 2022 by an order dated 04.08.2022, while rejecting the submission made on behalf of the 2^nd respondent therein, inter alia , that issuance of Police Clearance Certificate is voluntary service and there

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cannot be any direction to issue or not to issue the Police Clearance Certificate, the learned Judge disposed of the matter with a direction to the 2^nd respondent therein to issue Police Clearance Certificate after recording all the cases filed against the petitioner, which have come to the notice of the 2^nd respondent.

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In the light of the said order, this Court is inclined to dispose of the Writ Petition. Accordingly, the 5^th and 6^th respondents are granted two (02) weeks time to forward all the details of the cases against the petitioner to the 2^nd respondent. Upon receipt of such information, the 2^nd respondent, within four (04) weeks thereafter, shall issue Police Clearance Certificate.

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With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

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Consequently, the Miscellaneous Applications pending,

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if any, shall stand closed. No costs.

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_________________________ NINALA JAYASURYA, J.

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Date:15.11.2023. Ssv

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.24711 of 2023

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Date:15.11.2023

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ssv

Myneni Gopi Chand v. the Secretary

Case brief

What is this about?

What did the court decide?

Myneni Gopi Chand v. the Secretary

Case brief

What is this about?

What did the court decide?

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