Ekta Manch Vs The Employees States Insurance Corporation — Patna HC (2026) — LawSathi Research

Ekta Manch Vs The Employees States Insurance Corporation — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed: impugned order dated 23.07.2020 of Respondent No. 2 set aside; matter remanded for fresh decision after service of show cause notice, filing of reply by 06.05.2026, and hearing; no coercive steps and free operation of petitioner's and family members' bank accounts until final orders under Section 45-A, ESI Act, 1948.

Issue for consideration

Whether the impugned order dated 23.07.2020 passed by Respondent No. 2 (Assistant Director, Authorized Officer, ESIC) during the complete nationwide Covid-19 lockdown ought to be set aside and the matter remanded for fresh adjudication after affording the petitioner an opportunity of hearing.

Court's answer

The impugned order dated 23.07.2020 passed by the Assistant Director (Authorized Officer), ESIC (Respondent No. 2) is set aside solely on the ground that it was passed when the entire country was under complete lockdown due to Covid-19; the merits or demerits of the case were not gone into.

Ratio / Principle

The matter is remanded to the authority concerned: the petitioner is to appear before it on 20th April, 2026, on which date the authority shall serve a copy of the show cause notice with the relevant documents relied upon; the petitioner shall file his reply by 6th May, 2026; thereafter the matter is to be posted for hearing and arguments, an opportunity of hearing (in person or through counsel) is to be given, a reasoned order passed, and any order communicated to the parties.

Key takeaways

Until final orders are passed under Section 45-A of the Employees State Insurance Act, 1948, the authority shall not take any coercive steps against the petitioner, and the bank accounts held by the petitioner and his family members shall be permitted to be operated; however, if the petitioner does not cooperate with the disposal of the case, the authority is free to pass necessary final orders in accordance with law.ratio¶¶17

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), Civil Writ Jurisdiction Case No. 3725 of 2025, decided 06-04-2026: Writ petition by Ekta Manch (through its Chairman, Jitendra Manaswin) against the Employees State Insurance Corporation and officers allowed at the admission stage with consent of counsel, without entering into merits. The impugned order dated 23.07.2020 of the Assistant Director (Authorized Officer), ESIC (Respondent No. 2) was set aside solely on the short ground that it was passed when the entire country was under complete Covid-19 lockdown. Matter remanded: petitioner to appear on 20.04.2026; authority to serve copy of show cause notice with relied-upon documents; reply due by 06.05.2026; hearing (in person or through counsel) and reasoned order mandated, with communication of any order to the parties. Until final orders under Section 45-A of the Employees State Insurance Act, 1948, no coercive steps against the petitioner and bank accounts of the petitioner and family members to remain operable; authority free to pass final orders in accordance with law if the petitioner fails to cooperate.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3725 of 2025

======================================================

Ekta Manch having its registered office at 123, Anandpuri, West Boring Canal Road, Patna- 800001, through its Chairman, Jitendra Manaswin, male, aged about 49 years, Son of Late Ramchandra Shah, resident of Nilgiri Bhawan, Flat no. 107, Besides Guinea Motors, West Boring Canal Road, P.S.- Sri Krishnapuri, District- Patna - 800001, presently residing at Shivraj Apartment, East Boring Canal Road, P.S.- Buddha Colony, District- Patna800001.

... ... Petitioner/s

Versus

The Employees States Insurance Corporation through Regional Director, Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001.

The Assistant Director (Autorized Officer), Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 800001.

The Deputy Director (Recovery Officer), Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 800001.

The Deputy Director (Insurance Officer), Employess State Insurance Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 800001.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Mohan Singh, Adv. Mr.Rajni Kant Singh, Adv. For the Respondent/s : Mr.Sudhir Kumar Bijpuria ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

7 06-04-2026

Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.

This Court is allowing the present writ petition and setting aside the impugned order dated 23.07.2020 passed by the Assistant Director (Authorized Officer), Employees State

Patna High Court CWJC No.3725 of 2025(7) dt.06-04-2026 2/3

Insurance Corporation (Respondent No. 2) only on the short question that the said order was passed when the entire country was under complete lockdown due to Covid 19 pendemic. The matter is remanded back to the authority concerned. The petitioner is directed to appear before the said authority on 20^th of April, 2026, on which date the authority shall serve a copy of the show cause notice along with the relevant documents that they want to rely on. Thereafter, the petitioner shall file his explanation within a period of 15 days thereof, i.e., he shall file his reply to the said show cause notice by 6^th of May, 2026. Thereafter, the authority shall post the matter for hearing and arguments. Before passing any order, the authority shall give an opportunity of hearing to the petitioner either in person or through his counsel and pass a reasoned order. Any order passed shall be communicated to the parties.

Till such time, the final orders are passed, under Section 45-A of the Employees State Insurance Act, 1948, the authority is directed not to take any coercive steps against the petitioner. Further, the bank accounts held by the petitioner as well as his family members shall be permitted to be operated. In case, the petitioner does not cooperate with the disposal of the case, the authority is free to pass necessary final orders in

Patna High Court CWJC No.3725 of 2025(7) dt.06-04-2026 3/3

accordance with law.

With the above directions, the present writ petition

stands allowed to the extend indicated.

(A. Abhishek Reddy , J)

Bhardwaj/-

U