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Rajesh Kumar Gupta v. The Regional Director, E.S.I.C. And Others - WRIT - C No. 59223 of 2006 [2006] RD-AH 18464 (1 November 2006)


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      Court No.21

Civil Misc. Writ Petition No.59223 of 2006

Rajesh Kumar Gupta Vs. Regional Director, Employees Insurance Corporation, Kanpur and others


Hon'ble V.C. Misra, J.

Heard Sri J.S. Pandey learned counsel for the petitioner and Sri P.K. Pandey learned counsel for the respondents.

This writ petition is being disposed off finally at the admission stage in terms of Rules of the Court.

The grievance of the petitioner is that though he has paid all the Employees State Insurance dues as demanded by the respondents from time to time but still a notice dated 25.7.2006 has been issued demanding further amount though in the said notice it has been made specific that in case any payment has been made towards the aforesaid outstanding dues as per the records of the office, the petitioner may bring the complete details along with proof of the payments/copies of the Challan (duly certified) to settle the issue else he is advised to pay the statutory dues by way of demand draft etc. failing which he may be held responsible for punitive action as mentioned therein. The petitioner was also asked to attend the office of the respondent-recovery officer. In spite of the petitioner having attended the office of the respondent-recovery officer on 21.8.2006, and the objections dated 5.8.2006 so filed by him including entire documents related with the payment no further action has been taken by the respondents in this respect.

I have perused the record and find that the petitioner has rushed to this Court without waiting for any order being passed on his objections. No cause of action has arisen against the respondents at this stage. The writ petition is pre-mature and is accordingly dismissed at this stage.

However, looking into the circumstances of the case, the respondent no.1 is directed to look into the matter and dispose of the objections of the petitioner on merit after taking into consideration all the payments so made and referred to in his objections by passing a speaking order expeditiously preferably within a period of one month.

Till disposal of the objections of the petitioner by the respondent no.1, no coercive method would be taken against the petitioner in respect with the subject matter of the writ petition.

No order as to costs.

November 1, 2006



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