Provident Fund Chief has the Immunity as a "Judge"

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The Bombay high court has quashed a criminal case registered by the CBI in 2010 against E.S. Sanjeeva Rao, then Regional Provident Fund Commissioner, on charges of cheating, conspiracy and corruption. Rao took up the position in 2005.

While passing an order under the Employees' Provident Fund Act, the HC held that a Regional Provident Fund Commissioner is a judge as defined by the Judges (Protection) Act, 1985 and is thus, immune to a criminal case against his or her orders.

The case dates back to 2008, when president of Maharashtra Kamgar Ekta Union Vijay Patil complained of alleged evasion of employees' PF contribution of Pratibha Industries Ltd. Rao started an inquiry and was told that the firm had EPF dues of over Rs 6 lakh in 2003-2009, and more than 450 un-enrolled employees were not payed. He passed an order for the recovery of the dues.

According to Rao, the CBI, however, scrutinized his assessment order and concluded that he had “favoured” the company. It later raided his offices in Thane and Vashi and his homes in Nerul and Andhra Pradesh and froze his bank accounts in 2010. A case was filed against Rao, who moved court against the CBI action. The HC stayed the probe.

The CBI moved Supreme Court, which sent the matter back to the HC. An HC bench of Justice V M Kanade and Justice P D Kode held the CBI could not “sit in appeal over judicial decision given by Rao”. The CBI said HC could not stay proceedings under the Prevention of Corruption Act and that Rao's arguments could be made during his trial and his order was “not bona fide”, not even an order under the EPF Act; so, he did not qualify as a “judge”.

 Courtesy: Labour Law Reporter, Aug12.

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