SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-issuance of Passport are the allegations arrayed against Ops.
2. Complaint in brief reveals that, complainant being an unemployed youth and in search of job in overseas applied for a Passport to the Ops on compliance of the Official formalities and deposited Rs. 1500/- on dt. 13/06/2017 under Normal Category. It is alleged that as per the guidelines of Ministry of External Affairs a Passport under ‘Normal’ category Passport is issued within 30 (thirty) days from the date of application, but in the instant dispute though the official formalities have been completed in all respect, Ops are not issuing the Passport to the Complainant. The acts of the Ops give mental agony and financial loss to the Complainant & his family members and complainant apprehends loss of Job-opportunity for delayed issuance of the Passport. It is prayed before this Forum that, a direction may be given to Ops for release of Passport in favour of the Complainant at an early date and to pay Rs. 30,000/- as compensation for financial loss and mental agony. The cause of action arose on dt. 4/1/2017 when the Officials of Ops denied to issue Passport to the Complainant.
3. Being noticed Op No.1, Dr. Digbijoy Giri, Regional Passport Officer, Bhubaneswar appeared on behalf of the Ops with authorization of Op No.2 and filed joint written statement on dt. 22/01/2018. It is the case of the Ops, that on receipt of application for Passport by complainant on dt. 19/06/2017, and on verification of Educational Qualification of Complainant-applicant the certificate was referred to Secretary, ODISHA State Board of MADRASA Education, Bhubaneswar dt. 30/01/2018, Ops filed another written statement by averring that as no reference has been received from Secretary, ODISHA State Board of Madrasa, Bhubaneswar, for its genuineness, and a reminder letter was issued on dt.18.01.2018, awaiting the verification report on receipt of the same Passport will be issued to complainant. Further, on dt. 30.1.2018 Ops intimated this Forum that, a Passport bearing NO. R4815770 issued to the complainant through speed Post and same is received by Complainant on dt. 01.02.2018.
4. Heard the Complainant’s Authorized representive, Mr. Satapathy and Mr. Digbijoy Giri, OP No.1, who appeared on behalf of the Ops and perused the Complainant, written statement, documents and affidavit filed into the dispute. The admitted facts of the case are that, complainant to avail a Passport applied before the Op No.1 by depositing required fees through on-line on dt. 13.06.2017. It is admitted that the Passport of the complainant was not issued, for which the present complaint is filed. It is further admitted fact that, during pending of the present dispute, Op No.1 issued the Passport bearing No. 4815770 dt. 30.01.2018, which is received by the Complainant. It is the plea of the Ops that as the verification of genuineness of education qualification certificate issued by Odisha STATE Board of Madrasa, Bhubaneswar could not submitted intime, the Op No.1 issued the Passport the Passport with the condition ‘ Emigration check required’ under the guidelines and taking the Educational qualification as ‘ under Matric’ or below ’10 +’ (Secondary). On the other hand Complainant resisting the pleas filed an affidavit and documents to prove that, he has passed ‘MOULAVI’ Examination in the year 2009 conducted by ODISHA STATE Board of MADRASA, Bhubaneswar and same is equivalent as 10 +(Secondary) Examination of Board of Secondary Education, ODISHA, accordingly no ‘Emigration check’ is required as per the guidelines of Ministry of External Affairs, Govt. of India. In support of his claim, Complainant filed attested photocopy of letter No. 283/OSBME dt. 27.01.2018 issued by the Secretary STATE Board of MADRASA, Bhubaneswar addressed to OP No.1.
During course of argument, Op No.1 admitted that they have received the Educational qualification certificate of Complainant from Odisha State Board of MADRASA, Bhubaneswar on dt. 1.2.2018, from which it reveals that complainant has passed ‘Moulavi’ Examination, which is equivalent to 10+ (Secondary) Examination and basing the said verification certificate as per the guideline of MEA( Ministry of External Affairs) ‘No Emigration Check is required’, and the Officer is ready to rectify and exempt the condition of ‘Emigration Check required’ by issuing a fresh Passport in the name of the Complainant in place of the earlier Passport, if the prescribed fees are deposited by the Complainant.
In the circumstances, we are of the unanimous view that, Ops have not committed any delay intentionally on issuing the Passport to the Complainant and same should not be treated as a deficiency in service as per C.P.Act, 1986. However, Complainant is an unemployed youth in search of a job on overseas and if, Complainant fit himself in the official norms of the Authority to get a Passport, same should be granted without creating any further delay.
Accordingly, as per our observations made above and submissions of the Ops, it is directed that Op No.1, Regional Passport Officer shall issue a fresh Passport to the Complainant by replacing earlier Passport exempting the condition of ‘Emigration check required’ on receipt of prescribed fees and completion of other formalities. It is further directed that, Op No.1 shall issue the Passport within seven(7) days of receipt of the prescribed fees.
The complaint is allowed in part without any cost.
Pronounced in the open Court, this 19th day of February,2018.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
