Passport

The original  orders served by employer to employee is sufficient for the purpose of the Court, as it is the court that has to satisfy before giving permission.  Court may also consider the past precedents, expertise of the employee, relationship if any between Employer and employee (individual relationship) etc.  If the court is not satisfied, it can not be rejected and even if it is rejected they have to state such reasons and should give opportunity for him to fulfil the formality as dictated by Court.

As per the circular given by  Ministry of External Affairs  some relaxation has been given to  passports for persons going abroad  while criminal  cases or proceedings against them. if   they take court's permission and also followed by wrtten undertking on plain paper in  a specified format  as given below that they  will attend the court as and when he receives summons.Now let us see the circular in this connection..If you appreciate this answewr please click the  thank you  button on this forum. So prior to your  employer giving letter to you to go abraod in  a job related trip you obtain court permission followed by a  written undertaking on palin paper.

Thus, the general rule is that passport may not be granted to a person against whom proceedings in a criminal case are pending in a court in India. However, the Government of India, in public interest, has relaxed the above general rule for those persons who are facing a criminal case in India by issuing a Notification vide Ministry of External Affairs Notification No. GSR 570 (E), dated August 25, 1993, published in the Gazette of India, Extraordinary, Part-II, Section 3(1), dated 25th August 1993, as per which the Government has notified as under:

“In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298 (E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-

(a) the passport to be issued to every such citizen shall be issued-

(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year;

(iii) if such order gives permission to travel abroad for a period of less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified;

(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall given an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.”

Vide a Circular No. V.I/401/1/3/2014 dated 21.08.2014 issued by the Ministry of External  Affairs, the contents of the above Notification have been referred to and it is stated therein that the applicant (who is facing a criminal case) is required to submit permission of the concerned court as well as an undertaking on a plain paper, as provided in para (d) of the above Notification of 1993. Further, a standard format for the said undertaking has been provided in the said circular.

Thus, in conclusion, it can be said that while there is a general restriction on grant of a passport to a person facing a criminal case in India, passport can still be issued to such a person on the specific permission granted by the concerned court (and for the period mentioned in the said Notification of 1993) if he files an undertaking as mentioned above. This is the present legal position with regard to issuance of a passport to a person facing proceedings in a criminal case in a court in India.

Go through the circular you will be benefited.