2006 Supreme(Kar) 585

2008 (4) KLO 380 AC 341 (DB)
IN THE HIGH COURT OF KARNATAKA
Cyriac Joseph, CJ and N.K. Patil, J.
W.P. No. 2839 of 2006 (S-CAT)
Sunil Kumar K. - Petitioner
Vs.
Regional Provident Fund Commissioner, Karnataka and Others - Respondents
Decided on 31-7-2006

Result: Petition dismissed.

Headnote:EMPLOYEES’ PROVIDENT FUNDS & MISCELLANEOUS PROVISIONS ACT, 1952 - Section 12 & Employees Provident Fund and Staff (Classification, Control and Appeal) Rules, 1971, Rule 23: [Cyriac Joseph, C.J. & N.K. Patil, JJ] Appeal - Enhancement of penalty by Appellate Authority - Show cause notice issued to appellant and order enhancing penalty was passed after considering explanation of appellant to show cause notice - Held, Procedure mentioned in Rule 23 having been complied with, enhancement of penalty is proper.

       EMPLOYEES’ PROVIDENT FUNDS & MISCELLANEOUS PROVISIONS ACT, 1952 - Section 12 & Employees Provident Fund and Staff (Classification, Control and Appeal) Rules, 1971, Rule 12: [Cyriac Joseph, C.J. & N.K. Patil, JJ] Imposing of minor penalty - Need to hold Enquiry - Employee failed to process claims of members and that he had unauthorisedly absented himself from duty - Given opportunity to explain charges against him - Employee himself admitted that he had failed to process the claims on time - Leave application of appellant rejected by authority on valid grounds and such rejection communicated to appellant - Held, When factual position being clear enquiry before imposing minor penalty is not necessary.