HC Upholds Fundamental Right to Travel
Cuttack: The Orissa High Court recently directed the State government to issue a No Objection Certificate (NOC) to a government doctor for obtaining a passport, ruling that refusing it on the basis of pending disciplinary proceedings violates the fundamental right to personal liberty under Article 21 of the Constitution.
Background of the Case
The petitioner, a state government doctor due to retire in January 2026, sought to visit his daughter in Singapore. His request for a passport NOC was rejected by authorities citing unauthorised absence since 2013 and three pending departmental proceedings. Even after one case was dropped, the NOC was still denied, prompting the doctor to approach the High Court.
Court Observations
The HC bench, led by Justice Sashikanta Mishra, observed that:
- The Passport Act does not bar travel abroad due to pending disciplinary or criminal proceedings.
- Mere pendency of cases cannot be equated with proven guilt.
- No statutory rule empowers the government to deny NOC on these grounds.
Referring to the Supreme Court’s landmark Maneka Gandhi judgment, the court emphasized that restrictions must not infringe fundamental rights, including the right to travel.
Orders Quashing Government Rejections
The High Court quashed the government orders dated 12.07.2022 and 21.03.2025, directing authorities to issue the NOC within six weeks. The court stated that withholding the NOC “indirectly amounts to infringement of his fundamental right to liberty as per Article 21.”
Significance
The ruling reinforces that pending departmental or vigilance proceedings cannot be used as a blanket reason to restrict travel for government employees, upholding the principle of presumption of innocence and citizens’ constitutional rights.
