Rajasthan HC invokes 'personal liberty', allows man facing departmental inquiry to travel abroad

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 said 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 moved HC earlier this month when he was denied permission to travel by his employer, saying a departmental inquiry was pending against him.

On September 26, Saxena had sought REIL's permission to travel to Singapore for six days. However, when he did not received any response until October 16, Saxena moved HC. "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. "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, REIL, in its reply, stated that a departmental charge-sheet was given to the petitioner," Simlote said.

The bench said, "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."