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2017 Supreme(Del) 3341

GITA MITTAL, C.HARI SHANKAR
Balaraj Jadhav – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Colin Gonsalves, Mr. Govind Jee, Mr. Devesh Kumar Agnihotri
For the Respondents: Mr. Akshay Makhija, Ms. Seerat Singh, Mr. Aditya Goyal, Mr. Yakesh Anand, Mr. Nimit Mathur, Ms. Rajdipa Behura, Mr. Philomon Kani, Ms. Kriti Handa, Mr. Vignaraj Pasayat, Mr. T. Singhdev, Mr. Tarun Verma, Ms. Biakthansangi

JUDGMENT :

Gita Mittal, J.

1. The present writ petition, has been instituted in public interest, under Article 226 of the Constitution of India to ensure compliance by the authorities with the mandate of the Employees’ State Insurance Act, 1948 (hereafter the ‘ESI Act’) as also seeking the following prayers:

“(a) Issue a writ of mandamus directing the Respondent No. 2 to comply with its statutory obligation contained in Section 59B of the ESI Act.

(b) Issue an appropriate Writ order or direction for quashing the impugned Memorandum dated 05.01.2015 issued by the Respondent No. 2;

(c) Issue an appropriate Writ of Mandamus to the ESIC to implement the recommendations contained in the Performance Audit Report of the CAG;

(d) Issue an appropriate Writ order or direction to the Respondent No. 2 to investigate the issue of misappropriation of funds by ESIC (including as identified in the Performance Audit by the CAG), and initiate appropriate legal proceedings against the officials of ESIC who are responsible for such actions on accounts of the strictures passed by the Respondent No. 5 in its Report No. 30 of 2014;

(e) Issue an appropriate Writ order of direction to Respondent No. 2 to take ste



































































































































































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