RADHEY KRISHNA TRIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dhruv Mathur, learned counsel for the petitioner, Sri Raj Baksh Singh, learned Additional Chief Standing Counsel for respondents No.1 to 5 and Sri Girish Chandra Sinha, learned counsel for respondent No.9.

(2.) The petitioner, Sri Radhey Krishna Trivedi has filed the present writ petition under Article 226 of the Constitution of India with the following prayer:-

(3.) Briefly stating, the facts as set out in the petition are that the petitioner retired from the post of Assistant Branch Manager, Life Insurance Corporation of India in the year 1997; a letter dated 20th February, 2013 from the office of Economic Offences Wing U.P. was received by the petitioner requiring him to appear within one week and produce all relevant documents and cooperate in the investigation; earlier another letter dated 21st January, 2013 was sent to the petitioner which was referred in the letter dated 20th February, 2013; the petitioner sent reply vide letter dated 04th March, 2013 and requested to provide copy of letter dated 21st January, 2013 pursuant to which the investigation was initiated against him; on 04th March, 2013, the petitioner made an application under Right to Information Act seeking certain information regarding the jurisdiction of the Economic Offences Wing; same was replied by the Economic Offences Wing of the State Government wherein no specific reply was given, however, it was mentioned that the investigation against the petitioner was being conducted in furtherance of G.O. No.V.I.P .-13/25-8-12-17(170)/2012 dated 27.11.2012. It is also stated by the petitioner that the petitioner reliably learnt that there was neither any F.I.R. nor any other request from the Life Insurnace Corporation of India; there is no direction from the competent court to investigate the petitioner but it was only a letter in the form of a complaint from the District President (Raebareli) of the Samajwadi Party making vague, unsubstantiated and incorrect allegations against the petitioner and his family members on the basis of which the Chief Minister's Office required the Economic Offences Wing to investigate the petitioner. It is further stated by the petitioner that the notice issued by the Economic Offences Wing is in complete defiance of law and without registration of any F.I.R.