• Passport application stuck since passport already issued as per RPO

I applied for passport in 2009 since I had to visit UK for office work. I have the file number. Even after police verification was complete, I did not get the passport. I received a reply from passport office to visit RPO, Delhi for some queries. I did not go for that since I was frustrated that I could not go to UK because of the delay in issuance of passport. I thought the passport was not issued to me. I then moved to my hometown in 2012. I again applied for passport in June 2018 and while applying I mentioned that I had applied before along with the file number. My police verification is done and online status of application states that "Police Verification Report for passport application is under review at the Regional Passport Office. Passport will be dispatched after Police Verification Report is found clear, subject to granting. The applicant would receive an sms/e-mail once the passport is dispatched". After enquiry at RPO, I was told that there is a passport that has already been issued to me in 2009. Now, in order to get passport, I will first have to file a missing report with police.Then submit a penalty of Rs. 5000 for misinformation, only then I can get passport. My question is how can I apply for missing report for something I have never received. I have clearly mentioned that I had applied in 2009 but the passport was not issued to me. Please guide what should I do in such a scenario.
Asked 7 years ago in Civil Law

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12 Answers

Dear Client,

Missing report will put you in trouble as it will be taken as acceptance that while having passport you applied for another passport. You stay with your reply that previously you applied for passport which was not issued to you.

And sitting same file no. you freshly applied in 2018.

Against negative order, go in appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can file RTI application and seek proof of dispatch to you

2) file an affidavit of non receipt of passport

3) you can file writ in HC against imposition of penalty on you as you have not suppressed any material facts and seek orders to direct RPO to issue you passport

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. It may be that the passport was issued in your name and was despatched to you which was returned by the postal department undelivered for not finding you at home (postal department will not deliver passport to any family member member and will deliver to only the addressee). In that case, the passport has been rturned to its issueing office at Delhi and is still lying there.

2. It will be prudent on your part to meet RPO of Delhi to take delivery of your said passport or ascertain its whereabouts.

3. If you register a missing complaint about the passport (again a misinformation) paying penalty for giving wrong information and then caught by the passport authority that your passport is still lying at its Delhi office then you shall land in to further problem.

4. After knowing the fact from RPO Delhi, you shall have to register a missing diary complaining that the Passport was not delivered to you by the postal department.

5. Since it is in connection with an important document like passport which can be seriously be misused, it will be prudent on your part to find the whereabout of the passport which was already issued to you as per the records of the passport authority.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Sir check with the Delhi RPO that was your passport dispatched or not if yes then submit an application that you didn't receive same and ask for a fresh passport but in case you didn't receive filing FIR is not solution. You can give the detailed representation regarding the penalty as no passport was issued and received by you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Talk to the RPO in person. You have rights said that since passport was never delivered to you there is no question of filing any missing report , let alone any scope for paying penalty for misinformation when the information furnished was right.

2. Now even after meeting the RPO if you do not get the result then you can file the writ petition to get the new passport issued in your name.

3. So there is remedy and if you you do not get result then constitutional writ remedy is there.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

In my opinion

1.You may file suit for damages against passport authority.

2. You may also seek requisite remedy by filing writ petition(mandamus) to concerned high court.

Vasu Vibhav Purohit
Advocate, Narnaul
23 Answers
1 Consultation

1) File an RTI application if you do not get your passport in time.

2) Send a legal notice through lawyer to RPO.

3) File a case against RPO in District Consumer Forum.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your passport may have lost in the post and never Deliver to you you have to lodge a police complaint in this regard is taking these factors and deposit the penalty required for issue the new passport.

Anything pending in the previous passport will be taken up in this passport and police verification will be done

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

hello

a passport was in the process of issuance but was never delivered to you, it was pending. now they are saying that you were in the wrong. file an appeal before the passport officer against such an act and if there is no response then file a petition before the HC. how can a missing report be lodged when you didn't even receive the passport? that itself would be giving false information.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Please visit Passport office with an application giving all the details you have mentioned in this mail and give it to Passport Officer, he will clear the mess. Soon after he will issue a passport to you as the register at passport office is showing the issuance report so until that will be clear you will not be able to receive passport.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hello,

if the report says that the same was issued to you, then the department must be having some prove of issuance.

The best recourse would be to make a complaint, deposit fine and get the new passport.

even if we consider that you were right then entering into a litigation for this will be a long drawn process which will take a lot of time and money.

First you will have to file an RTI to know as to when the pass port was issued, then you will have to file a writ against the authorities.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you have not been issued with the passport then you may better obtain the information about the details of the passport reported to have been issued to you including the dispatch details etc, through RTI act.

After ascertaining the facts, if you are not at fault then you may take up this matter to the top officer of the passport office for getting your grievances redressed.

If you dont get any relief from the top brass also then you may resort to legal steps by first issuing a legal notice and then pursue the matter through court for relief.

As a matter of fact all these steps would consume a lot of time and by the time you would get a passport issued it may take at least another two to three years if you continuously follow it up.

You can make a wise decision at right time

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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