Breaking: Division Bench Confirms Justice Abhijit Gangopadhyay’s Decision Against Companies in Provident Fund Dispute

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Delta Limited and Olisa Realty Private Limited contest a key order by Justice Abhijit Gangopadhyay in a provident fund corruption case involving withheld funds from retired employees.

Calcutta High Court
Calcutta High Court

A high-profile provident fund corruption case has taken a new turn as two accused organizations, Delta Limited and Olisa Realty Private Limited, sought to challenge a pivotal order by Calcutta High Court Justice Abhijit Gangopadhyay.

The case, which has captured the attention of both the public and legal communities, revolves around allegations of withheld provident funds from several retired employees, leading to a legal battle spearheaded by lawyer Sabyasachi Chatterjee on behalf of the aggrieved parties.

Justice Gangopadhyay’s initial order, which mandated the interrogation of five directors from the implicated companies by the Serious Fraud Investigation Office (SFIO), faced a challenge as the accused organizations sought relief through an appeal to a division bench comprising Justice Suryaprakash Kesharwani and Justice Rajarshi Bharadwaj.

However, the bench upheld the order, stating

, “We do not see any reason to interfere with the order of the single bench,”

thereby ensuring the continuity of Justice Gangopadhyay’s directive.

The involvement of the SFIO emphasizes the gravity of the case, with Advocate Sauvik Nandi informing the court that a formal complaint had been lodged. This prompted a swift response from Justice Gangopadhyay, who summoned the Officer in Charge (OC) of the Hare Street police station to court, demanding their appearance within half an hour. The judge’s proactive stance led to the filing of an FIR at the police station.

Justice Gangopadhyay’s insistence on a quick handover of the charge sheet and FIR copy to the Enforcement Directorate (ED) for further investigation highlights the urgency and seriousness with which the judiciary is treating this case. The directive to expedite the investigation process reflects the court’s commitment to ensuring that justice is served promptly.

Despite expressing confidence in the police, Justice Gangopadhyay lamented the hindrance caused by political interference, stating,

“Police cannot act if political persons are involved in any matter. So all that work is not done.”

He commended the OC of Hare Street police station for their efforts and emphasized the need for a strong response to address the alleged corruption.

During the court proceedings, the judge directed the OC, saying,

“Do you understand what will happen if you don’t act properly? We are all poor people. The fake directors in this case live in mud houses. The PF arrears of two companies are around Rs. 20 crores. So, it must be dealt with a strong hand.”

Justice Gangopadhyay clarified the purpose of filing an FIR, stating,

“There are two charges against you, so I have asked you to appear.”

The judge asserted his faith in the police, asserting,

“Now that you have filed the FIR, I will not do anything else. I always have faith in the police. If the police are allowed to work, the common man benefits.”

Some retired employees sued Delta Limited and Olisa Realty Private Limited, saying they didn’t get their retirement funds. Justice Gangopadhyay told five directors from both companies to be questioned by the SFIO. The SFIO filed a complaint, and now there’s a police report (FIR).

Justice Gangopadhyay’s courtroom on Thursday night, with the judge directing the SFIO to submit a report by 3 pm on Friday. Expressing dissatisfaction with a delay in the report submission, he demanded,

“I don’t want to hear anything. I want a report in 10 minutes.”

Justice Gangopadhyay has urged a speedy investigation into the provident fund corruption case, suspecting involvement of influential figures. He is committed to presiding over the proceedings as long as needed to ensure a fair hearing.

The upcoming hearing is scheduled for February 22.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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