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MANEESH AGNIHOTRI v. EMPLOYEES PROVIDENT FUND ORGANIZATION

Supreme Court of India | Diary 10078/2021

Status

ROP - of Main Case

Decided On

27-07-2021

Bench

HON'BLE MR. JUSTICE VINEET SARAN and HON'BLE MR. JUSTICE DINESH MAHESHWARI

Petitioner

MANEESH AGNIHOTRI

Respondent

EMPLOYEES PROVIDENT FUND ORGANIZATION

Primary Holding

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Full Judgment Text

ITEM NO.10 Court 11 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6399-6400/2021 (Arising out of impugned final judgment and order dated 23-02-2021 in WP No.41646/2019, 23-02-2021 in WP No.9626/2020 passed by the High Court Of Karnataka At Bengaluru) MANEESH AGNIHOTRI Petitioner(s) VERSUS EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. Respondent(s) (IA No.64167/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.56766/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 27-07-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Malak Bhatt, AOR Ms. Tanvi Dubey, Adv. Mr. Udbhav Nanda, Adv. For Respondent(s) Ms. Vikramjit Bajernee, ASG Mr. Siddharth, AOR Mr. Saransh Kumar, Adv. Mr. Amit Kumar Agrawal, Adv. Ms. Ruchi Kohli, Adv. Mr. Adit Khorana, Adv. Ms. Archana Pathak Dave, Adv. Mr. Amrish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner at length and also perused the record. We have also heard Mr. Vikramjit Banerjee, learned Additional Solicitor General. Considering the facts and circumstances of this case and having gone through the record, w e do not find any ground to 1

interfere with the order passed by the High Court. The special leave petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS 2

ITEM NO.13 Court 11 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6399-6400/2021 (Arising out of impugned final judgment and order dated 23-02-2021 in WP No.41646/2019, 23-02-2021 in WP No.9626/2020 passed by the High Court Of Karnataka At Bengaluru) MANEESH AGNIHOTRI Petitioner(s) VERSUS EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. Respondent(s) (IA No.64167/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.56766/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 20-07-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Malak Manish Bhatt, AOR Ms. Tanvi Dubey, Adv. Mr. Udbhav Nanda, Adv. For Respondent(s) Ms. Aishwarya Bhati, ASG Ms. Archana Pathak Dave, Adv. Ms. Ruchi Kohli, Adv. Mr. Adit Khanna, Adv. Mr. Amrish Kumar, AOR Mr. Vikramjit Banerjee, ASG Mr. Siddharth, AOR Mr. Saransh Kumar, Adv. Mr. Amit Kumar Agrawal, Adv. UPON hearing the counsel the Court made the following O R D E R List on 27.07.2021. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS

ITEM NO.7 Court 11 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6399-6400/2021 (Arising out of impugned final judgment and order dated 23-02-2021 in WP No. 41646/2019 & WP No. 9626/2020 passed by the High Court Of Karnataka At Bengaluru) MANEESH AGNIHOTRI Petitioner(s) VERSUS EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. Respondent(s) IA No. 64167/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56766/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 15-07-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Malak Manish Bhatt, AOR Ms. Tanvi Dubey, Adv. Mr. Udbhav Nanda, Adv. For Respondent(s) Mr. Vikramjit Banerjee, ASG Mr. Siddharth, AOR UPON hearing the counsel the Court made the following O R D E R Mr. P.S. Patwalia, learned senior counsel for the petitioner prays for and is granted three days time to file response to the detailed counter affidavit filed by the respondents. Let a copy of the response be served upon the counsel for the respondents by 19.07.2021. List the matter on 20.07.2021. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS (No appearance slip on behalf of respondents was given till 03.00 p.m.)

ITEM NO.19 Court 11 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6399-6400/2021 (Arising out of impugned final judgment and order dated 23-02-2021 in WP No.41646/2019, 23-02-2021 in WP No.9626/2020 passed by the High Court Of Karnataka At Bengaluru) MANEESH AGNIHOTRI Petitioner(s) VERSUS EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. Respondent(s) (IA No.64167/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.56766/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 12-07-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Malak Manish Bhatt, AOR Ms. Tanvi Dubey, Adv. Mr. Udbhav Nanda, Adv. For Respondent(s) Mr.Vikramjit Banerjee, ASG Mr. Siddharth, AOR UPON hearing the counsel the Court made the following O R D E R With the consent of learned counsel for the parties, list on 15.07.2021. (ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS

ITEM NO.801 Court 11 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6399-6400/2021 (Arising out of impugned final judgment and order dated 23-02-2021 in WP No.41646/2019, 23-02-2021 in WP No.9626/2020 passed by the High Court Of Karnataka At Bengaluru) MANEESH AGNIHOTRI Petitioner(s) VERSUS EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. Respondent(s) Date : 08-07-2021 These petitions were mentioned today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Malak Manish Bhatt, AOR For Respondent(s) Mr. Siddharth, AOR (mentioned by) UPON being mentioned the Court made the following O R D E R Not to be deleted from the notified date. (ARJUN BISHT) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER

ITEM NO.15 Court 10 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6399-6400/2021 (Arising out of impugned final judgment and order dated 23-02-2021 in WP No. 41646/2019 & in WP No. 9626/2020 passed by the High Court of Karnataka at Bengaluru) MANEESH AGNIHOTRI Petitioner(s) VERSUS EMPLOYEES PROVIDENT FUND ORGANIZATION & ANR. Respondent(s) (FOR ADMISSION ) Date : 05-05-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Kavin Gulati, Sr. Adv. Mr. Malak Manish Bhatt, AOR Ms. Tanvi Dubey, Adv. Mr. Udbhav Nanda, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Mr. P.S. Patwalia, learned senior counsel for the petitioner submits that the petitioner was a whistle blower at whose instance the FIRs were registered and proceedings have been initiated. The specific contention of the learned senior counsel for the petitioner is that the letter of the petitioner intimating about the scam was dated 18.08.2005 and the FIR was registered on 08.11.2005 and the High Court has wrongly noted that the letter of the petitioner was subsequent to the registration of the FIR. Issue notice, returnable in six weeks. Till the next date of hearing, no coercive action shall be taken against the petitioner. (ASHWANI KUMAR) (R.S. NARAYANAN) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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