Officers Appearing As EPF Department's Representatives Can't Be Inquiry Officers/ Adjudicating Authority In Same Case: Delhi High Court

The Delhi High Court has directed the Employees' Provident Fund Organisation to bear in mind that the officers appearing as department's representatives cannot be made enquiry officers or adjudicating authority in the same case.

"In future, the EPFO shall bear in mind that the officers who appear as the Department's representatives or making submissions on behalf of the Department before an inquiry officer, are not made inquiry officers or the adjudicating authority in respect of the same case," Justice Pratibha M Singh directed.

The Court was dealing with a plea challenging an dated 22nd October, 2021 passed by EPFO, Dwarka, by way of which Regional Provident Fund Commissioner II had dismissed the application dated 1st October, 2021 preferred by the Petitioner namely M/S Indus Towers Ltd.

The said application had sought recusal of the Commissioner from the inquiry proceedings under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 on the ground of conflict of interest, judicial propriety and principles of natural justice.

According to the petitioner, the Commissioner conducting the inquiry was earlier representing the Department and therefore the same person acting as the inquiry officer under sec. 7A of the Act, would be contrary to law.

"…. without going into the facts of the present case, in order to avoid any controversy or embarrassment to the officer concerned in this regard, it is directed that the proceedings in respect of the Petitioner, under Section 7A of the Act for the period of enquiry from 04/2008 to 04/2015, which is the subject matter of this case, shall now be conducted by any officer apart from the officer who has passed the impugned order dated 22nd October, 2021," the Court ordered.

The Court also clarified that while passing the said order, the issue of bias was not considered.

The plea was accordingly disposed of.

Case Title: M/S INDUS TOWERS LTD. (FORMERLY BHARTI INFRATEL LTD.) v. REGIONAL PROVIDENT FUND COMMISSIONER - II AND ORS

Click Here To Read Order