Because they are in government service is manifestly arbitrary, chandigarh, The Punjab and Haryana High Court has struck down the Haryana government’s June 10 ban on foreign travel by its employees till September this year, observing that a blanket prohibition on an entire class of citizens merely.
The petitioner’s counsel vehemently argued that the impugned government instructions are unconstitutional, arbitrary and disproportionate. It was further submitted that the impugned instructions fail the tests of fairness, reasonableness and non-arbitrariness, as they indiscriminately apply to all government employees, irrespective of their individual circumstances, destination, purpose of travel, duration of absence or nature of duties. The court observed that the primary question that arises for its consideration is whether the instructions/guidelines, insofar as they impose a blanket prohibition on foreign travel by government employees, are constitutionally valid.
Justice Harpreet Singh Brar, in his order on August 27, directed Haryana authorities to grant permission to the petitioner, a nursing officer, to travel to Australia for a professional exam, stressing that the Supreme Court has held that the right to travel abroad is an integral part of the right to life and personal liberty enshrined in Article 21 of the Constitution. Later, when she submitted her application dated August 18 for earned leave, it was not entertained by authorities in view of the government instructions/guidelines dated June 10, 2026, which prohibit government servants and employees of Boards, Corporations and public authorities from travelling abroad, for official or personal reasons, up to September 2026, except if such travel is necessitated for medical reasons. It was submitted that the right to travel abroad is a recognised facet of the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The Hon’ble Supreme Court, in a catena of judgments, has authoritatively held that the right to travel abroad is an integral part of the right to life and personal liberty enshrined in Article 21 of the Constitution of India,” the court observed. In the present case, the impugned Instructions/Guidelines dated June 10, issued by the Human Resource Department, Government of Haryana, impose a complete ban on foreign travel upon its employees.
“In today’s globalised world, the right to travel abroad cannot be restricted as a matter of mere administrative privilege.
