A government employee can go on a foreign trip even if there is a pending departmental enquiry against the officer. Rajasthan High Court Judge Anup Dhand has given this verdict on a plea filed by Neeraj Saxena, who is serving as General Manager in Rajasthan Electronics and Instruments Limited (REIL), a joint venture between Rajasthan government and Government of India.
The High Court in its order stated that the expression of individual freedom in Article 21 of Indian Constitution is vast and it includes the right to go on a foreign trip.
The court ruled that a person can be prevented from a foreign trip only through procedures constituted by the law.
“The freedom to go abroad has social significance. This significance represents the important basic human right,” the court ruled.
Saxena was to go to Singapore to meet his son
According to advocate Akhil Simlote, yeh petitioner Neeraj Saxena wanted to go to meet his son, who lives in Singapore. Saxena filed an application with his department on September 26 and sought permission to go abroad from October 30 to November 4, 2024. However his department didn't take any action on his application.
The petitioner then filed a writ application with the High Court. The court issued notice to his department on October 19, 2024. In response, the department issued a chargesheet to Saxena in a recruitment matter in October 21 and set up a department enquiry. The department then informed High Court about the pending departmental enquiry and showed its inability to permit Saxena for going abroad.
Court gave conditional permission to Saxena
The court ruled that there is no criminal case pending against Saxena. He can't be stopped from going abroad just on the basis of pending departmental enquiry.
The court, however, put up a condition that the petitioner will not go anywhere else than Singapore and will return before November 6 to attend the departmental enquiry.
Vivek Shukla is a management graduate who has worked in corporate worked for 20 years and is now pursuing his passion — news.
