- (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.
(3.) 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 contribution. That the said V. Prosad was authorised to recover damages not exceeding the amount of arrears. If the party failed to pay the damages so levied, action for initiation of recovery proceedings could be taken under the law. That the said Shri V. Prosad ordered the reduction of damages ordered by him earlier on review being not based on proper and admissible grounds and prima facie was intended to confer the undue benefit on the defaulting parties listed below and corresponding loss to the Employees' Provident Fund Organisation. SI. No. Name of the Employee Previous levy Revised levy and date and date 1. Mukesh Textiles, Rs. 4,49, 593. 00 Rs. 1,0 8 , 7 8 4. 30 colaba,bombay. 20. 7. 1978 2. 7. 1979 2. Jolly Bros. , Rs. 53, 381,. 85 \ Rs. 28, 182. 10 p. M. Rd. Bombay. 17. 5. 1978 17. 8. 1979 3. Pentagon Engg. Rs. 72 ,0 61. 80 Rs. 36,504. 40 madhu Mukund, 2-6. 7. 1 978 18. 4. 1979 33,sion,bombay-2 2. . ';