Ekta Manch v. The Employees States Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3725 of 2025 ====================================================== Ekta Manch having its registered office at 123, Anandpuri, West Boring Canal Road, Patna- 800001, through its Chairman, Jitendra Manaswin, male, aged about 49 years, Son of Late Ramchandra Shah, resident of Nilgiri Bhawan, Flat no. 107, Besides Guinea Motors, West Boring Canal Road, P.S.- Sri Krishnapuri, District- Patna - 800001, presently residing at Shivraj Apartment, East Boring Canal Road, P.S.- Buddha Colony, District- Patna800001. ... ... Petitioner/s

Versus

1.

The Employees States Insurance Corporation through Regional Director, Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001. 2.

The Assistant Director (Autorized Officer), Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 800001.

3.

The Deputy Director (Recovery Officer), Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 800001.

4.

The Deputy Director (Insurance Officer), Employess State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Adv.

Mr.Rajni Kant Singh, Adv.

For the Respondent/s :

Mr.Sudhir Kumar Bijpuria ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-04-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.

2. This Court is allowing the present writ petition and setting aside the impugned order dated 23.07.2020 passed by the Assistant Director (Authorized Officer), Employees State

Patna High Court CWJC No.3725 of 2025(7) dt.06-04-2026 2/3 Insurance Corporation (Respondent No. 2) only on the short question that the said order was passed when the entire country was under complete lockdown due to Covid 19 pendemic. The matter is remanded back to the authority concerned. The petitioner is directed to appear before the said authority on 20th of April, 2026, on which date the authority shall serve a copy of the show cause notice along with the relevant documents that they want to rely on. Thereafter, the petitioner shall file his explanation within a period of 15 days thereof, i.e., he shall file his reply to the said show cause notice by 6th of May, 2026. Thereafter, the authority shall post the matter for hearing and arguments. Before passing any order, the authority shall give an opportunity of hearing to the petitioner either in person or through his counsel and pass a reasoned order. Any order passed shall be communicated to the parties.

3. Till such time, the final orders are passed, under Section 45-A of the Employees State Insurance Act, 1948, the authority is directed not to take any coercive steps against the petitioner. Further, the bank accounts held by the petitioner as well as his family members shall be permitted to be operated. In case, the petitioner does not cooperate with the disposal of the case, the authority is free to pass necessary final orders in

Patna High Court CWJC No.3725 of 2025(7) dt.06-04-2026 3/3 accordance with law.

4. With the above directions, the present writ petition stands allowed to the extend indicated.

(A. Abhishek Reddy , J) Bhardwaj/- U