Cuttack: Orissa High Court Directs Issuance of Passport No Objection Certificate
Background of the Case
The Orissa High Court recently instructed state government authorities to issue a No Objection Certificate (NOC) to a government doctor seeking a passport. The court determined that denying a passport due to ongoing disciplinary proceedings infringes on the fundamental right to personal liberty as protected under Article 21 of the Constitution.
Details of the Petition
The ruling followed a legal challenge initiated by the doctor, who contested the government’s decision to withhold the NOC based on claims of unauthorized absence and pending departmental and vigilance proceedings against him. The High Court remarked that the Passport Act does not impose an absolute restriction on international travel due to disciplinary actions.
Legal Observations
Justice Sashikanta Mishra, part of the bench, noted that a letter dated January 28, 2014, should not be misconstrued as law. Instead, it indirectly restricts an individual’s right to travel abroad since without an NOC, the employee cannot even apply for a passport. The court emphasized that this restriction effectively undermines the liberty guaranteed under Article 21 of the Constitution of India.
Petitioner’s Circumstances
The petitioner, a state government doctor approaching retirement on January 31, 2026, expressed a desire to visit his daughter in Singapore. He submitted an online passport application and requested the NOC from the Additional Chief Secretary of the Health and Family Welfare Department, Odisha, on June 9, 2022. However, his application was denied on July 12, 2022, due to allegations of unauthorized absence since September 28, 2013, and the pendency of three departmental proceedings.
Subsequent Legal Actions
Challenging the government’s rejection, the doctor filed a plea with the High Court. Following the court’s direction, he submitted another application on September 9, 2024, noting that one of the three disciplinary proceedings had been dismissed. This application, too, was rejected on March 21, 2025, for similar reasons.
Arguments Presented
The petitioner argued that one vigilance case against him concluded with acquittal, while another is still pending, with a chargesheet submitted but no trial commenced. He stated his full cooperation with the police investigation and commitment to appear before the vigilance court. Consequently, he sought to quash the rejection orders from July 12, 2022, and March 21, 2025, and requested the issuance of an NOC for his passport application.
High Court’s Findings
Upon review, the High Court noted that the government failed to present any statutory rules allowing denial of the NOC based on pending disciplinary proceedings. The court clarified that the cited communication from January 28, 2014, does not explicitly prohibit the issuance of an NOC in such cases.
The bench highlighted that the Passport Act does not establish disciplinary proceedings as a definitive barrier to passport issuance. Moreover, they referenced the Supreme Court’s ruling in the Maneka Gandhi case, which expanded the interpretation of Article 21.
Conclusion of the Ruling
The High Court concluded that the government’s restriction was unjustified, as pending disciplinary proceedings should not imply guilt. The court reinforced the presumption of innocence until proven guilty, in line with fundamental principles of criminal law.
Ultimately, the court ruled that the government’s refusal of the NOC constituted an infringement of the petitioner’s rights under Article 21. The orders issued on July 12, 2022, and March 21, 2025, were quashed, and the authorities were directed to issue the NOC within six weeks.
Access to the Court Order
To view the full court order, please click on the following link: [Orissa High Court Order](https://medicaldialogues.in/pdf_upload/orissa-hc-dr-ashok-kumar-behera-308217.pdf)
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