HIGH COURT OF JUDICATURE AT BOMBAY
V.M. KANADE & P.D. KODE, J.
E.S. Sanjeeva Rao
Versus
Central Bureau of Investigation)(C.B.I.), Mumbai & Others
CRIMINAL WRIT PETITION NO. 2637 OF 2010
Decided on : 02-05-2012
EMPLOYEES PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952 - Section 7-A - Judges (Protection) Act, 1985, Section 2 - IPC, Section 19 - Order under Section 7-A of Act, 1952. - Though Regional Provident Fund Commissioner who passes an order under Section 7-A of Act, 1952 is not termed as a "Judge", he falls within definition of Section 19 of IPC as well as Section 2 of Act 1985.
1. By this Petition filed under Article 226 of the Constitution of India, Petitioner is seeking a writ, order or direction for quashing and setting aside FIR no. 26(A)/2010 which is registered by the Central Bureau of Investigation for the offences punishable under section 120B read with section 420 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (For short "PC Act")
2. Brief facts are as under:-
FACTS
3. Petitioner was initially appointed as Assistant Provident Fund Commissioner in the year 1997 and was later on promoted to the post of Regional Provident Fund Commissioner on 03/02/2005 with effect from 23/10/2003.
4. Sometime in 2008, one Mr. Vijay Patil, President, Maharashtra Kamgar Ekta Union made a complaint to the Petitioner regarding evasion of employees provident fund contribution of 2000 employees of M/s Pratibha Industries Limited. An inquiry was initiated by the Petitioner on the complaint under section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (For Short "EPF & MP Act") against the establishment during the year 2008. Record was called from the Enforcement Officer, SRO, Vashi under the EPF & MP Act, 1952. Shri D.M. Ambokar, the Enforcement Officer, submitted inspection report on 03/03/2009 stating therein that the EPF dues of M/s Pratibha Industries Limited were to the tune of Rs 6,72,455/-for the period October, 2003 to January, 2009 and this was on account of non-payment of provident fund contribution in respect of 475 non-enrolled workers of the Company. Relying on this report, Petitioner passed the order under section 7A on 20/03/2009 for the aforesaid period.
5. According to the Petitioner, Respondent - CBI and its Officers - Respondent Nos. 2 and 3 scrutinized the assessment order passed by the Petitioner in the matter of M/s Pratibha Industries Limited and came to the conclusion that the order passed by the Petitioner was wrong and it must have been passed to favour M/s Pratibha Industries Limited. According to the Petitioner, Respondent No.3, who was the Deputy Director (Vigilance) raided the Sub- Regional Office at Vashi and seized 15 files relating to the construction industries from the Vashi Office without informing the Petitioner and the raid continued for about three days and 15 files were carried away on 13/09/2008 by the said three Assistant Directors (Vigilance) at around 8.00 P.M. Copies of seized files were not left in the Office. The seizure memo was made dated 13/09/2008.
6. Thereafter, on 08/04/2009, Respondent No.3 sent one Rayappa, Assistant Director (Vigilance) to the Petitioner's Vashi Office calling for the file related to M/s Pratibha Industries Ltd. The Petitioner wrote a letter dated 20/04/2009 to the Central Provident Fund Commissioner informing him about the unwarranted action by Respondent No.3. There was correspondence thereafter between the Petitioner and the Central Provident Fund Commissioner. He also met him personally and made a grievance about the functioning of the Vigilance Wing of EPFO. Thereafter, Respondent No.3 came in the Office of the Petitioner at Vashi in May, 2009 and informed that there was complaint of non-enrollment of workers which was filed with Respondent No.1. A copy of the complaint was not given to the Petitioner. A fictitious complaint was filed against the Petitioner by one Suren Nayak. A Committee was constituted to inquire into the said complaint which came to the conclusion that the said Suren Nayak was a fictitious person. Even, thereafter, according to the Petitioner, harassment by Respondent No.3 continued. He, therefore, filed a complaint with the Central Provident Fund Commissioner dated 17/07/2009. Petitioner was then transferred to the Regional Office, Thane. Petitioner wrote a letter dated 05/10/2009 to Respondent No.3 to submit the material available with Respondent No.3 with regard to the alleged left over employ
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