LALIT KUMAR MODI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the captioned writ petition has been laid to the order dated 03.03.2011 passed by the Regional Passport Officer i.e., Respondent no.3 (hereinafter referred to as the RPO) and the order-in-appeal dated 31.10.2011 passed by the Chief Passport Officer (hereinafter referred to as the CPO).

(2.) The order-in-original, referred to above, which is passed by the RPO, is based on a communication received by his office from the Directorate of Enforcement, Mumbai (in short DOE) vide letter dated 04.10.2010 stating therein that a complaint had been filed under section 16(3) of : The Foreign Exchange and Management Act, 1999 (in short FEMA) against the petitioner in view of his failure to comply with the summons issued under section 37, on 02.08.2010 and 24.08.2010, qua proceedings proposed to be taken out against him under section 13 of the FEMA. This communication apparently, also informed the RPO, that notice on the said complaint had been issued on 20.09.2010.

(3.) The petitioner has challenged, the aforementioned impugned orders, on various grounds, which I will refer to and deal with in the latter part of my judgment. For the moment, it may be relevant to refer to the material and relevant facts which have led to the institution of the present writ petition under Article 226 of the Constitution of India.