IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13871 of 2010 M/S CHANDRADEEP SINGH. Contractor, Railway-sidering P.P.C.L. Village- Dhanaw English, P.S. - Nasriganj, Dehri-on- shone, District-Rohtas. -----------------Petitioner. Versus 1. Regional Provident Fund Commissioner, E.P.F. Organisation, R. Block, Patna. 2. Assistant Provident Fund Commissioner, E.P.F. Organisation, R. Block, Patna. 3. Assistant Provident Fund Commissioner (Recovery) E.P.F. Organisation, R. Block, Patna. 4. Officer-in-charge, Police Station, Nashriganj, Rohtas. ----------------Respondents. For the Petitioner:- Mr. Sunil Kumar, Advocate. For the Respondents:- Mr. R. S. pradhan, Sr. Advocate. -------------------- 2. 27.09.2010 Heard learned counsel for the petitioner, learned counsel for the Regional Provident Fund Commissioner and its authorities. 2. In this writ application the petitioner has challenged letter dated 14.1.2010 issued by the Recovery Officer, Patna to Officer-in-Charge, Nasriganj Police Station, Rohtas under Form No. EPFCP-26 to issue warrant of arrest to the petitioner. 3. It transpires that the impugned letter has been issued on the basis of some order passed by Assistant Provident Fund Commissioner under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 but neither the said order has been challenged nor any copy of the said order has been annexed to this writ petition. 4. It is also apparent that against such order 2 passed under Section 7A an appeal is provided under Section 7 (I) of the Act before the appellate tribunal, New Delhi but nothing has been produced by the petitioner to show that any such appeal has been filed. 5. In the aforesaid fact and circumstances this writ petition is disposed of with a liberty to the petitioner to file an appeal before the appellate authority against the order of the Assistant Provident Fund Commissioner. He may also file an interlocutory application in that appeal for stay of the aforesaid letter dated 14.1.2010 (Annexure-1) for issuance of warrant of arrest sent by the recovery officer. If such an appeal and application are filed, the authority concerned shall decide the same in accordance with law. Anand Kr. ( S. N. Hussain, J.)