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1986 Supreme(Cal) 231

Umesh C.Banerjee
Virendra Prosad – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
A.K.Mittal, L.K.Gupta, S.Banerjee, U.Sanyal

JUDGMENT

1. THIS writ petition is directed against the issuance of an order, of suspension as also a chargesheet against Regional Provident Fund Commissioner at Calcutta. The Chargesheet however is pertaining to happenings of 1978-79 when the petitioner was posted at Bombay in the same capacity.

2. APART from the plea of malafides and a perverse action based on non-existing facts, the petitioner contended that being a quasi-judicial authority the act complained of, can at best be recorded as an error of judgment and does not constitute a misconduct. The petitioner further contended that in any event, there has been a gross delay in initiating a proceeding against the petitioner and as such, the Writ court would not permit the continuation of a state proceedings. At. this juncture, it would however be convenient to narrate the charges leveled against the petitioner as appears from the Articles of Charge as below :

"that Shri V. Prosad functioned as Regional Provident fund Commissioner at Bombay 'during the period 1978-79. That one of the duties of the said Shri V. Prosad was to levy damages to the various firms/companies etc. for having defaulted in payment of Provident Fund contribut


































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