IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3719 of 2008 Between: M/s. Visakha Works (P) Ltd. Visakhapatnam (Code No. A.P. 45382) Rep by its Managing Director, Sri Prakash Kannayya Lal Maheswari, S/o. Kannayya Lal, Hindu, Mala, aged 70 years, r/o. Plot No. D.22 Industrial Estate Visakhapatnam. ..... PETITIONER AND The Assistant Provident Fund Commissioner Employees Provident Fund Organisation, Visakhapatnam - 530 009, Visakhapatnam District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ order or direction more particularly one in the nature of writ or certioriari calling for the records from the respondents in enquiry No. 166/2007 the file bearing No. AP/VP/CC. 54/AP/45382/7A/2007/2468, DT. 10-12-2007 and quash the impugned order on the ground on violation of principles of natural justice and the impugned order being a non-speaking order passed by the respondent being quasi Judicial Authority and seizing the bank account of petitioner is without jurisdiction and consequently to direct the respondent to pass orders on merits after issuing show cause notice calling for the explanation and conducting enquiry by passing a speaking order or to pass any other order or orders Counsel for the Petitioner: SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent: MR.R.N.REDDY (SC FOR EMPLOY'S PF ORG.) The Court made the following : THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3719 of 2008 ORDER: 1. Heard the learned counsel. 2. The writ petition is filed for a writ, order or direction particularly more in the nature of writ of certiorari, calling for the records from the respondent in enquiry No. 166/2007, the file bearing No. AP/VP/CC. 54/AP/45382/7A/2007/2468, dated 10-12-2007 and quash the impugned order on the grounds of violation of principles of natural justice and the impugned order being a non-speaking order passed by the respondent being quasi Judicial Authority and seizing the bank account of petitioner is without jurisdiction and consequently to direct the respondent to pass orders on merits after issuing show cause notice, calling for the explanation and conducting enquiry by passing a speaking order. 3. It is stated that as against the order, which is impugned in the writ petition, an appeal lies under Section 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 to the Employees Provident Funds Appellate Tribunal. 4. In view of the same, the writ petitioner is permitted to invoke the alternative remedy of filing an appeal, on condition of deposit of 50% of the amount demanded, within a period of six weeks from today; and it is needless to say that the amount, if any, had already been deposited shall be given due credit to. Pending the said appeal, on the said condition, the further proceedings are stayed. 5. The writ petition is accordingly disposed of. No order as to costs. _________ 22.02.2008 Note: Issue c.c. by 25.02.2008 (B/o) JSU To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 3719 of 2008 Date: 22.02.2008