The HC also directed the Regional Provident Fund Commissioner further to submit report regarding interest and damages payable by the petitioner in the present case. (Express Photo) ON DIRECTIONS issued by the Punjab and Haryana High Court seeking details regarding complaints and FIRs registered in connection with provident funds fraud in Haryana, state DGP Manoj Yadava has submitted before the court that FIRs have been registered in 18 cases, out of which FIRs have been cancelled in two cases, while chargesheets have been filed in two cases and 14 cases are pending for investigation.
The bench of Justice Arun Kumar Tyagi, had issued the directions for furnishing details via affidavit to DGP Yadava, and Additional Central Provident Fund Commissioner, Haryana, while hearing the anticipatory bail plea of Ashwani Chopra, who is facing allegations of defaulting with the provident funds of employees of the company AAA Apparels, on the complaint of EPFO through Advocate Sumeet Goel.
The HC had directed DGP Haryana to file an affidavit showing details regarding, number of cases in which complaints have been received but FIR is yet to be registered, number of cases in which FIR has been registered against the employer for non-deposit of the PF amount, and number of cases in which chargesheets have been filed, as well a number of cases which are pending for investigation.
Additional Central Provident Fund Commissioner, Haryana, was directed to file an affidavit pertaining information number of cases in which provident fund has been deducted by the employer from the salaries of employees and has not been deposited with concerned authority, number of cases in which the proceedings have been initiated for recovery of the amount, interest and damages, number of cases in which complaints have been made for registration of FIR, and what steps have been taken to expedite the recovery of the amount, interest and damages.
Thus, in compliance with the order, Yadava has mentioned in the affidavit that FIRs have been registered in 18 cases out of which FIRs have been cancelled in 2 cases, chargesheets have been filed in 2 cases and 14 cases are pending for investigation. In the affidavit number of cases in which complaints have been received but FIR is yet to be registered is mentioned as nil.
On the other hand, Manoj Yadav, Regional Provident Fund Commissioner-1 (Legal), Zonal Office Employees’ Provident Fund Organization, Haryana has mentioned in the affidavit submitted that in 48 cases, complaints have been made for registration of FIRs. However, it has not been mentioned in the affidavit that in how many cases, out of the above-said 48 cases, FIRs have not been registered.
Justice Tyagi, after going by the affidavits submitted by the officials, said, “Manoj Yadav, Regional Provident Fund Commissioner-1 (Legal), Zonal Office Employees’ Provident Fund Organization, Haryana is directed to give further information to this Court as well as to Manoj Yadava, Director General of Police, Haryana regarding the complaints on the basis of which the FIRs have not been registered so far and Manoj Yadava, Director General of Police, Haryana is directed to look into the matter of registration of FIRs on the basis of such pending complaints. Reports in this regard be filed on the next date of hearing.”
The HC also directed the Regional Provident Fund Commissioner further to submit report regarding interest and damages payable by the petitioner in the present case.
The bench meanwhile, continued the interim order for accused Ashwani Chopra, to join probe, and he shall be released on interim bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer.
Chopra who is sole proprietor of AAA Apparels firm, covered under the Employees Provident Funds Miscellaneous Provisions Act, 1952, had failed to deposit the employees share of the PF contribution as is required under the law. Chopra has been booked under sections 406 and 409 of the IPC, on August 26, 2020, at PS Sector-10A, Gurugram.