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2026 Supreme(Online)(Jhk) 2862
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4759 of 2025
1. Chairman, Central Board of Trustees, Employees Provident Fund Organization, Ministry of Labour, Government of India, Sharam Shakti Bhawan, Rafi Marg, P.O. & P.S.-New Delhi, New Delhi-110001.
2. Central Provident Fund Commissioner, Employees Provident Fund Organization (Ministry of Labour, Government of India), Head Office, Block-II, East Kidwai Nagar, New Delhi-110023.
3. Regional Provident Fund Commissioner-I, Employee’s Provident Fund Organization, Government of India, Ministry of Labour and Employment, Regional Office, Ranchi, Bhavishya Nidhi Bhawan, Hinoo, P.O. & P.S.-Doranda, Ranchi-834002, Jharkhand, through Rakesh Kumar Sinha, s/o Arvind Kr. Sinha, aged about 41 years, Regional P.F. Commissioner-II (Legal), EPFO Regional Office, Bhavisya Nidhi Bhavan, P.O. & P.S.-Doranda, Dist.-Ranchi-834002.
… … Petitioners/Respondents
Versus
1. Deepak Tigga, aged about 65 years, son of Late Mahadev Tigga, Resident of Dibadih Girja Toli, Near Railway Line, P.O.-Doranda, P.S.-Doranda, District-Ranchi, Jharkhand.
… … Respondent/Applicant
2. Union of India, through the Secretary, Government of India, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, P.O. &P.S.-New Delhi, New Delhi-110001.
… … Proforma Respondent/Respondent
CORAM:
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioners : Mr. Rupesh Singh, Advocate
For the Resp. No.1 : Mr. J.J. Sanga, Advocate
Mr. Randhir Kumar Sharma, Advocate
Ms. Angel Khalkho, Advocate
For the UOI : Mr. Romit Kumar, AC to Mr. Prashant Vidyarthi, Adv.
CAV/Reserved on 13.08.2026 Pronounced on: 11th September 2026
(Sujit Narayan Prasad, J.)
I Agree, (Pradeep Kumar Srivastava, J.) (Pradeep Kumar Srivastava, J.)
11th September , 2026
Saurabh/-A.F.R.
Uploaded on: 14.09.2026
1. The instant writ petition filed under Article 226 of the Constitution of India is directed against the order dated 29.10.2024 passed in O.A./051/00030/2023 by the learned Central Administrative Tribunal, Patna Bench, Circuit Sitting at Ranchi, whereby and whereunder, the orders dated 29.06.2021 and 20.04.2022 by which disciplinary authority imposed the penalty upon the applicant (respondent herein) and appeal against the said penalty had been rejected respectively , have been quashed and set aside.
2. The brief facts of the case as per the pleading made in the writ petition having been enumerated from the original application needs to be referred here which reads as under.
2.1 The applicant (respondent herein) while functioning as Assistant Provident Fund Commissioner (APFC) at SRO Bhagalpur during the period from 24.08.2009 to 16.11.2010, was entrusted with an inquiry u/s 7C of the EPF & MP Act, 1952 in respect of M/S Katihar Medical College, Katihar carrying code number BR/6351.
2.2 Earlier through a 70 pages order dated 27.01.2006 communicated to the establishment vide letter no. BR/6351/BGP/7C dated 30.01.2006, a sum of Rs.56,12,483/- was assessed (in addition to the determined amount of Rs. 42,90,600/- under section 7B) by Shri Pankaj Raman, RPFC-II, Regional Office, Patna. The establishment moved the EPFAT and filed an appeal challenging the aforesaid 7C order dated 30.01.2006. The EPFAT vide order dated 07.08.2008, quashed the 7C order "being violative of the law and remanded the case back to the competent authority to re-initiate the proceeding for determination of escaped amount under Section 7C of the Act”.
2.3 After receipt of the order dated 07.08.2008 passed by the EPFAT, Sri O. P. Dubey, the then APFC & Officer-In-Charge, SRO, Bhagalpur issued one notice u/s 7C to the establishment vide no. BGP/EB/BR/6351/873 dated 31.10.2008 directing the establishment to appear on 25.11.2008 along with the desired records.
2.4 As per the Daily Order Sheet dated 25.11.2008, Sri Arbind Kumar Singh, representative of the establishment appeared on behalf of the establishment and Sri V.K. Roy, EO appeared on behalf of the department and Sri Roy again took up/raised the decision of the Patna High Court vide L.P.A. No.340 of 2005 against which establishment had filed objections earlier which was already decided in a judicial forum i.e. EPFAT.
2.5 Against the above order dated 25.11.2008, establishment vide its application dated 30.12.2008 applied for review. Accordingly, SRO, Bhagalpur forwarded the order copy along with a note to the RPFC (C&R) Regional Office, Patna for necessary orders. Upon this, RPFC(L&R), RO, Patna vide his order dated 25.02.2008 (should be 25.02.2009) stated that as per the order dated 07.08.2008 of the EPFAT, case was remanded back to competent authority for determination of escaped amount u/s 7-C of the Act and EPFAT order made it clear that only the authority who had exercised the powers u/s 7-A and 7-B of the Act can exercise the power u/s 7-C of the Act.
2.6 Hence, APFC, SRO, Bhagalpur was to exercise the powers u/s 7-C of the Act. Accordingly, summons u/s 7C of the Act, for the period from 4/96 to 12/2000 was issued by Sri O. P. Dubey, APFC & OIC, SRO, Bhagalpur on 27.03.09 and the establishment was advised to appear on 20.04.2009.
2.7 On 20.04.2009, the representative of the establishment and Sri V.K.Roy, EO from the department side appeared and thereafter on the basis of the petition filed by the establishment on 20.04.2009, it was found that the documents as filed by the establishment during earlier proceedings were required to be gone through and accordingly an adjournment up to 06.07.2009 was allowed.
2.8 In the meantime, since Shri O.P. Dubey, APFC was promoted to the post of RPFC (II), the proceedings were taken over by the applicant (respondent herein) and summons issued fixing 09.10.2009 as the next date of hearing. The proceedings were further adjourned to several dates. The establis
