- (1.) IN this writ petition the petitioner has prayed for quashing the order dated 10.9.07 passed by the Respondent NO.1 in a purported proceeding under Section 26(8) of the Employees' Provident Fund Scheme, 1952 directing the Director of the petitioner -Company to appear in person in the enquiry on the next date, failing which the order of warrant of arrest/attachment of accounts shall be passed. The grievance of the petitioner is that the said order is wholly arbitrary and without jurisdiction, inasmuch as, the said order has been passed on the ground that the representative of the petitioner has been evading the production of records during the proceeding. It has been stated that all the relevant records have been produced and the said observation is wholly without any basis. It has been further stated that the said order was passed in biased manner and the petitioner apprehends that he shall not get fair and impartial hearing and justice before the said respondent and as such the prayer has been made for transferring the proceeding in question before any other Commissioner.
(2.) IN course of hearing of this writ petition, Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner, submitted that he can move the higher authority for the said relief. but he apprehends that in the meanwhile, the order will be passed by the said respondent and the petitioner has no faith and hope of getting justice. Learned J.C to G.P. -III, on the other hand, submitted that by the impugned order the petitioner has been only asked to appear and no coercive action has been taken till date and the apprehension of the petitioner is without any basis.
(3.) I have heard learned counsel for the petitioner and learned counsel representing the State.;