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The Delhi high court has said that the passport authority cannot impose penalty on a person who has unknowingly produced false information while applying for the document.
The court said that before penalising an applicant it has to be proved that the person has knowingly provided false information while applying for passport.
Justice S Muralidhar passed the order on a petition filed by father of seven-year old Naseem who was asked to pay Rs 1, 000 as penalty because he had mentioned Ghaziabad as child's birth place instead of Delhi where he was born.
"What seems to have been missed (by authority) completely is that under the Passports Act imposition of penalty is consequent upon a person knowingly furnishing false information, " the court said.
The court asked the passport authority to refund the amount and also imposed a cost of Rs 3, 000 on it.
The court came to the conclusion that there was no deliberate attempt by child's father to knowingly provide false information and directed the passport office to put in place proper procedure for imposing penalty.
"The passport office is directed to devise a proper procedure so that no penalty is levied and collected without following a procedure that is consistent with the requirements of natural justice, " the court said.
The court said that before penalising an applicant it has to be proved that the person has knowingly provided false information while applying for passport.
Justice S Muralidhar passed the order on a petition filed by father of seven-year old Naseem who was asked to pay Rs 1, 000 as penalty because he had mentioned Ghaziabad as child's birth place instead of Delhi where he was born.
"What seems to have been missed (by authority) completely is that under the Passports Act imposition of penalty is consequent upon a person knowingly furnishing false information, " the court said.
The court asked the passport authority to refund the amount and also imposed a cost of Rs 3, 000 on it.
The court came to the conclusion that there was no deliberate attempt by child's father to knowingly provide false information and directed the passport office to put in place proper procedure for imposing penalty.
"The passport office is directed to devise a proper procedure so that no penalty is levied and collected without following a procedure that is consistent with the requirements of natural justice, " the court said.
Even I amsuffering from same situation on friday I went old passport office and showed them documents and message I got from passport office that you have provided wrong information regarding address and I by mistakely mentioned in application that I reside at that address from 1999 just because on this the thane passport office charged me fine of 5000 rs and told me to pay this huge amount and if ipay then they will close my file and I have to again apply for the passport by paying 1500. Iam totly confused what to do it is huge amount and I was not known that in this case they charge huge amount of 5000 I got shocked when I got to know this I dont know what to do futher I took letter from passport office of payment by saying ill pay right know but I went home. So please help me if there is any solution. [protected] is my number.
Passport Office India — Passport got too delay
Dear Sir,I am writing this mail on behalf of my father, Mr. Raghvendra Bajpai.
My father applied a passport on July 2010, his passport got NOC from his bank (Syndicate Bank) and as per passport department rule for these type request Police Report is not required. But I am getting status with passport website “Police Report has not been received.”
My father’s details are given below.
Applicant's Name : Raghvendra Bajpai
File Ref No: LKO-S[protected]
Application Date :[protected]
Applicant's Date of Birth :[protected]
Contact details:
124/53, Block C,
Govind Nagar, Kanpur-208006 (UP)
Mobile : [protected]
I already logged complaint/ mail communication and also visted so many time Lucknow office but no body is giving solutions.
Its a goverment task, I dont know people dont want to work. And Its really a bad senario for our goverment office.
Pls do the needful as soon as possible.
Regards,
Vijay Bajpai
+91-[protected]