Prodip Nandi v. Regional P.F. Commissioner & ORS.

05.10.2020.

d.p.

W.P.A. 6753 of 2020 IA No. CAN 1 of 2020 Old No. 5676 of 2020 (Via Video Conference) Pradip Nandi -vsThe Regional Provident Fund Commissioner & Ors.

Mr. K.K. Maiti, Mr. Tapan Bhanja.

...For the Petitioner.

Mr. S.C. Sarkar.

...For the Bank.

None appears on behalf of the respondent authorities despite service.

The petitioner submits that the respondent No. 3 has deducted certain amount from his Bank account on 20th July, 2020 upon instruction of the Provident Fund authority. According to the petitioner, the said amount ought not to have been deducted from his account without giving him an opportunity of hearing. The petitioner has raised an objection before the Regional Provident Fund Commissioner by a letter dated 22nd July, 2020. The said representation is yet to be considered by the respondent authorities.

The learned advocate appearing for the respondent No. 3 being the Bank authority submits that they have deducted the money upon instruction from the Provident Fund authority.

Be that as it may, since an objection has already been raised by the petitioner before the Regional Provident Fund Commissioner alleging illegal deduction from his bank account, no useful purpose will be served by keeping the writ petition pending.

Accordingly, the instant writ petition is disposed of by directing the respondent no. 1 being the Regional Provident Fund Commissioner to take a decision with regard to the objection raised by the petitioner appearing at page 20 of the writ petition within a period of two weeks from the date of communication of a copy of this order after giving an opportunity of hearing to the petitioner or his authorized representative. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear, that this court has not gone into the claim raised by the petitioner and all points are left open to be decided by the said respondent at the time of consideration of his objection.

W.P.A. 6753 of 2020 and CAN 1 of 2020 are disposed of.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

( Amrita Sinha, J.)