Right to travel abroad is allowed in Article 21, says HC

Right to travel abroad is allowed in Article 21, says HC

Ashish.Mehta@timesofindia.com 26.10.2024 Jaipur 

Jaipur : A 59-year-old electrical engineer, posted at Rajasthan Electronics and Instruments Limited (REIL), was granted permission by a single bench of the Rajasthan HC on Wednesday to travel to Singapore to visit his son. The court emphasised that the term “personal liberty” in Article 21 of the Constitution encompasses a broader scope, which includes the right to travel abroad. The petitioner, Neeraj Saxena, had approached HC earlier this month when he was denied permission to travel by his employer, saying a departmental inquiry was pending against him. On Sept 26, Saxena had sought permission from REIL authorities to travel to Singapore for six days. However, when he did not received any response until Oct 16, Saxena approached the Rajasthan high court.

 “The court had earlier issued notices to the respondents in the case, including REIL. It was submitted by REIL that a departmental inquiry is pending against Saxena and hence he can’t be allowed to travel abroad,” Saxena’s counsel Akhil Simlote said on Friday. “It was also submitted that the petitioner was part of a recruitment board in 2019 and there were allegations of irregularities in two recruitments made by the board. However, as soon as we moved an application, Rajasthan Electronics and Instruments Limited, in its reply, stated that a departmental charge-sheet was given to the petitioner,” 

Simlote said. The bench of Justice Anoop Dhand, while allowing the petitioner to travel, said, “He should make a personal appearance before the department on his arrival. He shall not visit other countries except Singapore. And if the petitioner does not return to India within the fixed time period, the department shall be at liberty to proceed against him in accordance with the law.”