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Right To Travel Abroad An Important Basic Human Right: SC Permits Private Foreign Visit Of An IPS Officer Facing Departmental Proceedings [Read Order]

Ashok Kini
13 April 2019 3:51 PM GMT
Right To Travel Abroad An Important Basic Human Right: SC Permits Private Foreign Visit Of An IPS Officer Facing Departmental Proceedings [Read Order]
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"We are of the opinion that pendency of departmental proceedings cannot be a ground to prevent the officer from travelling abroad."

The right to travel abroad is an important basic human right, said the Supreme Court while permitting a IPS Officer who is facing departmental proceedings to go for a private foreign visit. The bench comprising Justice L. Nageswara Rao and Justice MR Shah observed that the pendency of departmental proceedings cannot be a ground to prevent the officer from travelling...

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The right to travel abroad is an important basic human right, said the Supreme Court while permitting a IPS Officer who is facing departmental proceedings to go for a private foreign visit.

The bench comprising Justice L. Nageswara Rao and Justice MR Shah observed that the pendency of departmental proceedings cannot be a ground to prevent the officer from travelling abroad.

Satish Chandra Verma, a police officer, had approached the Central Administrative Tribunal after the Government of India denied permission to him for a private foreign visit. The police officer is currently facing departmental proceedings against him. The Tribunal and later the High Court held that there was nothing wrong in the denial of permission due to lack of vigilance clearance.

While admitting his appeal, the Apex Court bench observed that he has a fundamental right to travel and that right cannot be infringed on the ground that vigilance clearance has not been given. Later the bench sought views of the Government of India, in this regard. The bench, while disposing the appeal, referred to celebrated judgment in Maneka Gandhi v. Union of India, and observed:

"The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of his experience. The right also extends to private life; marriage, family and friendship are humanities which can be rarely affected through refusal of freedom to go abroad and clearly show that this freedom is a genuine human right."

The Court also noted that he was earlier permitted to travel to U.S.A. in the year 2017 and he had promptly come back.

Taking note of this, the bench permitted the officer to go to U.S.A. and France between the period 28.04.2019 and 01.06.2019, subject to filing of an undertaking to the Registry that he will come back on 01.06.2019.

Read Order



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