Petitioner challenged passport denial order citing prior violation directions. Court held communication merely addressed appeal maintainability under Section 11. Merit non-justiciable. Petition dismissed as meritless due to jurisdictional bar.
Petition dismissed.
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RAJBIR KAUR ..... Petitioner Through Mr. Rajiv Gupta, Adv.
versus
BIRENDRA KUMAR & ANR ..... Respondents Through Mr. Anil Soni, CGSC, for R-1 & R-2.
CORAM: HON'BLE MR. JUSTICE A. K. CHAWLA O R D E R % 10.11.2017
Petitioner has filed the instant petition alleging violation of the directions given in judgment dated 17.12.2014. Mr. Soni, ld. CGSC for the respondents points out that the operation of the said judgment is stayed vide order passed on 18.1.2016 in LPA 13/2016. Be that as it may, the foundation for filing of the instant petition, is the order dated 6.12.2016, the relevant portion whereof is, as under :
“2. Kindly note that the impugned order of the RPO, Jalandhar, denying you passport facility was conveyed to you as per the directions of the Central government. Also, as per section 11 of the Passports Act, 1967, no appeal lies against the decision of the Central Government which was conveyed in the impugned order itself.
3. Your appeal against the impugned order of the RPO, Jalandhar cannot be admitted u/s 11 of the Passports Act, 1967.”
The above-said communication by itself, only adverts to the maintainability of the appeal under Section 11 of the Passports Act,
A. K. CHAWLA, J
NOVEMBER 10, 2017
rc
1 issue framed by the court
Whether an appeal against the Regional Passport Officer's decision denying a passport is maintainable under Section 11 of the Passports Act, 1967.
1 provisions across 1 enactments
Rajbir Kaur
Birendra Kumar & Anr
A. K. Chawla
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
