R.Dhandapani v. Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.08.2009CORAMTHE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYAW.P.No.15575 of 2009R.Dhandapani.. Petitioner-Vs-1. Regional Passport Officer Regional Passport Office II Floor, Shastri Bhavan 26, Haddows Road Chennai 600 0062. Post Master Speed Post Business Office Greames Road PO Building Chennai 600 0063. The Manager Speed Post Business Office Greames Road PO Building Chennai 600 0064. Chief Post Master General Anna Road Chennai 600 002..RespondentsPetition filed under Article 226 of the Constitution of India,praying for the issue of a Writ of Mandamus, directing the 1strespondent to issue the passport bearing No.S36833 of the petitionerimmediately for his higher studies which was dispatched on25.02.2009. For Petitioner:: Mrs.S.SuganthiFor Respondents::Mrs.M.Christella for R1Mr.D.SreenivasanSCGSC for R2 to R4ORDER This writ petition has been preferred by the petitioner for adirection on the first respondent to issue the passport bearingNo.S36833 in favour of the petitioner immediately for his higherstudies.2. On instructions, the learned counsel appearing on behalf ofthe first respondent submits that the passport has been forwarded https://hcservices.ecourts.gov.in/hcservices/ but, in transit, it has been lost. She submits that in view of theCircular No.VI/401/57/93 dated 11th January, 1995 issued by theDirector (PV), Ministry of External Affairs, (CPV Division), thepost office, which confirms that the passport is lost oruntraceable, should issue a certificate to that effect to thepetitioner. Thereafter, the petitioner should file an FIR withsuch certificate.3. The learned counsel appearing on behalf of the Chief PostMaster General, Chennai submits that without the reference given bythe Ministry of External Affairs, the post office cannot trace thewhereabouts of the passport nor can certify that it is lost oruntraceable.4. Heard the learned counsel for the parties and perused therecords.5. The Circular referred to by the learned counsel for thefirst respondent reads as follows:-"Some of PIA's have brought to our noticethe non-delivery of passports to the applicantswhich are generally lost in the transit at thePost Offices. The Ministry has looked into thematter and the following course of action issuggested:(i) When it transpires, in response toenquiries from the applicant or otherwise, thata passport sent by the P.O., has not reached theapplicant, the PO shall take up the matter withthe Post Office with the request that thecomplaint regarding non-delivery beinvestigated.(ii) If, following investigation, the PostOffice confirms that the passport is lost oruntraceable, the Post Office should be requestedto issue a certificate to that effect.(iii) The applicant should file an FIR withthe police with that certificate.(iv) The applicant should be advised toapply afresh with the FIR/copy of certificatefrom the Post Office for issue of a duplicatepassport. We should not charge any fee from theapplicant for this application as the passporthas been certified lost in transit and, thus, isno fault of the applicant.(v) The Passport Officer should revokeapplicant's passport lost in transit and issue alookout circular before issue of new passport.(vi) If there is any proof of urgency, SVPmay be issued in line with standing instructionsof the Ministry's Circular No.VI/401/34/92 dated31st March, 1993."6. In the present case, no affidavit has been filed by therespondents that the passport of the petitioner was issued and itwas lost in transit. No detailed reference of the postal https://hcservices.ecourts.gov.in/hcservices/ certificate or the note under which it has been forwarded to thepetitioner has been shown to the Court. In the absence of anydetails, it cannot be presumed that the passport was forwarded andon transit, it was lost or untraceable. So far as the lodging ofFIR is concerned, this Court is of the view that the petitioner isnot supposed to lodge any FIR with the police. The passport hasbeen forwarded by the Regional Passport Officer and not received bythe applicant. In that case, on receipt of application from suchapplicant, the Regional Passport Officer should at first find outwhether the passport was forwarded through post office and verifyfrom the concerned post office whether the passport has been handedover to the applicant or not. It is a matter between the RegionalPassport Officer and the post office, in which the applicant shouldnot be dragged. The postal authority being satisfied that suchpassport was handed over to the postal authority and was lost oruntraceable during transit, in that case, the concerned post officeshould lodge an FIR and communicate it to the applicant. Theindividual applicant, if so chooses, may also report the matter tothe police on receipt of such information. Only thereafter, theRegional Passport Officer should revoke the applicant's passportlost in transit and issue a new passport in accordance with thecircular.7. This Court, accordingly, directs the Regional PassportOfficer, Chennai to take up the matter within a week with theconcerned Post Master of the post office from which the passportwas forwarded to the petitioner. The concerned Post Master andother officers of the postal department in their turn will enquireand intimate the matter to the Regional Passport Officer within oneweek thereafter. If it is lost from the postal department, then thepostal department will also lodge an FIR and also inform the matterto the petitioner within one week. On receipt of such intimationthat the passport has been lost in transit or is untraceable, theRegional Passport Officer, Chennai will revoke the petitioner'spassport lost in transit and issue a new passport in accordancewith the circular within fifteen days thereafter. Totally one monthtime is allowed to the respondents for taking steps as referred toabove.8. As this Court has observed that the petitioner, who has notreceived the passport, is not supposed to lodge FIR, the RegionalPassport Officer, Chennai will forward a copy of this order to theDirector (PV), Ministry of External Affairs, New Delhi for issuanceof appropriate circular in terms with the decision of this Court. The writ petition stands disposed of with the aforesaidobservations and directions. There shall be no order as to costs.SsSd/-Asst. Registrar//True Copy//Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Regional Passport Officer Regional Passport Office II Floor, Shastri Bhavan 26, Haddows Road Chennai 600 0062. The Post Master Speed Post Business Office Greames Road PO Building Chennai 600 0063. The Manager Speed Post Business Office Greames Road PO Building Chennai 600 0064. The Chief Post Master General Anna Road Chennai 600 002+ 1 cc to Mrs. S. Suganthi, Advocate SR No.39721 + 1 cc to M/s. M. Christella, Advocate SR No.39750 + 1 cc to Mr. D. Srineevasan, Advocate SR No.39825 W.P.No.15575 of 2009MBS(CO)SR/24.8.2009