S.S.TIWARI, J. - (1.) (Delivered by Hon. Imtiyaz Murtaza J.) This lachrymose writ petition has been preferred by the shocked uncle of a young budding officer whose career was full of infinite possibiility and pregnant with promises. The deceased at the relevant time was posted at Mahoba as Asstt. Manager in the U.P. Cooperative Federation. He ended his life at age of 28 years, allegedly being wearied by endlessly illicit demands of the superiors. It is alleged that the deceased initially tried to cope with the demand despite being aghast at the rampant corruption but subsequently took the extreme step of ending his life finding himself unable to bear the load on his mind. In the suicide note, the deceased tweaked by his conscience has unburdened his mind about the rampant corruption in the department.
(2.) THE grieving uncle, it would transpire, has knocked the door of this Court disenchanted by the reluctance of the investigating agency in extending the long arm of law to the named persons who on account of their status have managed to evade appearing for interrogation. The relief sought is for a writ of mandamus commanding the respondent 1 to transfer the investigation from civil police to any other independent investigating agency attended with the relief of a writ of mandamus directing the respondents to submit the progress report in the case. The deceased is Syed Gyas Ahmad alias Gaus who while serving at Mahoba had his residence at Kareli Allahabad and he had come back to his residence at Kareli from Mahoba on 3.4.2009. On 4.4.2009, he committed suicide at 11 a.m by hanging himself. According to information furnished to Police Station Kareli in writing by the petitioner, it was revealed that he was informed by his wife that the deceased was hanging by rope which was tied to the peg of the ceiling of the room situated on the first floor at C 247 G.T.B.Nagar Kareli Allahabad attended with information that it seemed that he was dead. Upon receipt of this information, the petitioner immediately rushed to the scene of occurrence where he saw his nephew hanging with ropes tied around his neck. The police upon reaching the scene of occurrence, loosened the rope and took the body down and necessary formalities were undertaken and completed. According to the report prepared by Sub Inspector, the search of the body yielded a piece of paper the contents of which were read in the presence of family members of the deceased and the people who had collected on the spot. Thereafter, it would transpire from the record, the body was sent for post mortem which was conducted on 4.4.2009 at 4.30 p.m. On 4.4.2009, a written application was made to Senior Supdt of Police Allahabad by the petitioner the quintessence of which is that his nephew used to lament that his seniors who were named by their designation namely, Managing Director, Managing Director (Administration) and Regional Manager (who are arrayed as respondents 5 to 7 in this petition) had been exerting pressure and demanding money studded with threat to place him under suspension in case of his failure to arrange money for them. It is also mentioned that his nephew had come to him at NOIDA in the last month and discussed with him the problem stating that Distt Magistrate Mahoba had made a telephonic call and demanded to arrange for one bag of sugar for use in the marriage of his orderly. The deceased, it is alleged, had to meet the demand by paying a sum of Rs. 2400/- out of his own packet. It is further alleged that on 29.3.2009 when the petitioner rang up the deceased, he appeared perturbed and told him on phone that his superiors were demanding to rake up Rs. 10,000/- immediately attended with information that in case his failed to meet the demand, they would spoil their career. The deceased further disclosed to the petitioner that within a span of seven months, he had to pay Rs. 35,000/- to the Distt Magistrate Mahoba and other superior officers out of his own packet and a sum of Rs. 13,000/- was collected from the subordinate officials. It was also informed that his superiors were demanding Rs. 150/- per quintal in the ensuing purchase of wheat. To the similar effect is the application made by the mother of the petitioner addressed to D.I.G. Zone Allahabad.
(3.) THE suicide note left behind by the deceased, to rephrase it, would agreeably read studded with prologue sentence "I have given a serious thought but I am at a loss to understand (how to deal with the situation). I have come to such a pass in my longing to acquire a government job that I can neither abandon the job nor can keep up with the job. I am being called on phone from the Headquarters pressurizing to arrange for money. Where-from should I arrange for money, they are not concerned with, whether I should indulge in pilferage or misappropriation. I dread I may not get trapped in criminal case which may result in lodging of F.IR by local administration. I am not inclined to indulge in any such activities. I have already collected and paid an amount to the tune of Rs. 48000/- to the Managing Director, A.M.D, G.M. (Administration) out of which certain amount was collected from the office. Out of my total salary of Rs. 12000/- out of which on an average a sum of Rs. 5000/- goes to the pocket of the authorities. I can understand that people would blame me that I could not cope with the government job in case I decide to abandon the job. I am fed up with the rampant corruption in the P.C.F and being unable to cope with it, I am committing suicide. My last will is that whatever is available in my fund, the same should be disbursed to my younger brother Mohd. Sufiyan. The note further mentions that in case demand of headquarters is not met, he is being threatened with tarnishing his character roll attended with the threat to suspend him." We have heard learned counsel for the petitioner and also learned counsel appearing for the State. We have also perused the record and the police papers.;