Archive · 12 Nov 2025
Odisha Govt Denies Passport NOC, High Court Cites Right to Liberty
Imagine you want to visit your family in another country.
The government usually needs to give you a special paper, called a 'no-objection certificate' or NOC, to get a passport for international travel.
In this case, a doctor wanted to get a passport to see his daughter and grandchild.
But the government said no because he had some work issues and rules he was accused of breaking.
The doctor said this was unfair and that everyone has a right to travel, which is protected by the Constitution.
The High Court agreed with the doctor.
The court explained that just because someone is accused of something, it doesn't mean they've done it until proven guilty.
They said stopping someone from traveling is a big deal and violates their basic freedom.
So, the court told the government to give the doctor the NOC so he can get his passport and visit his family.
Orissa High Court ruled that denying a government employee a passport NOC infringes the right to liberty under Article 21.
The decision quashed the state government's refusal to grant an NOC to an in-service doctor seeking to travel abroad.
The doctor's application was rejected due to unauthorized absence and pending departmental proceedings.
The High Court stated that the pendency of disciplinary proceedings does not equate to guilt, upholding the principle of innocent until proven guilty.
Authorities were directed to issue the NOC to the petitioner within six weeks.
- Who
- Orissa High Court, Dr. Ashok Kumar Behera
- What
- Orissa High Court quashed the state government's decision to refuse a no-objection certificate (NOC) for a passport to an in-service doctor.
- When
- Order pronounced on Tuesday
- Where
- Orissa High Court
- Why
- The court ruled that the refusal, based on pending departmental proceedings and alleged unauthorized absence, infringes the doctor's fundamental right to liberty under Article 21 of the Constitution.
- Court
- Orissa High Court
- Petitioner
- Dr. Ashok Kumar Behera
- Grounds for NOC Rejection
- Unauthorized absence since 2013, pending departmental proceedings and criminal cases
- Court's Ruling
- Refusal to grant NOC infringes Article 21 (Right to Liberty)
- Reasoning
- Pendency of proceedings does not imply guilt; right to travel abroad is fundamental
- Directive
- Issue NOC to petitioner within six weeks