1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4068 OF 2010. Jayantilal Shamji Hariya & another .vs. Assistant Provident Fund Commissioner & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Dr. Anjan De, Advocate for petitioners. Ms. Tanna, Advocate for respondents. CORAM : S.A. BOBDE & MRS. MRIDULA BHATKAR, JJ. DATED : OCTOBER 13, 2010. After hearing the matter for some time, it seems that the main grievance of the petitioners is an apprehension that the matter should not be heard by the respondent no.2 since the respondent no.2 had earlier while acting as an Enforcement Officer had decided the matter against the petitioners. It is not in dispute that the respondent no.2 is going to hear the appeal against his own order as he has now been posted as Assistant Provident Fund Commissioner. We have no doubt that there are no malafides on the part of the respondent no.2 since he has 2 not contrived to see that the appeal comes up before him. However, having regard to the circumstances of the case and the principle that justice should not only be done but seem to have been done, we consider it appropriate to direct that the appeal shall be decided by any officer other than the respondent no.2. The petitioners shall cooperate in the enquiry and not seek unnecessary adjournments. All questions are left open. With these directions, the Writ Petition stands disposed of. Judge Judge J.