Patna High Court
Ekta ManchversusThe Employees States Insurance Corporation
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The order dated 23 July 2020 is set aside as it was passed during the COVID‑19 lockdown, and the matter is remanded to the ESIC authority with directions to follow due process.
Summary
Ekta Manch filed a writ petition challenging an order dated 23 July 2020 issued by the Assistant Director (Authorized Officer) of the Employees State Insurance Corporation (ESIC). The High Court observed that the order was passed while the nation was under a complete COVID‑19 lockdown and therefore set it aside. The matter was remanded to the ESIC authority to issue a show‑cause notice, allow the petitioner to file a reply within 15 days, and conduct a hearing before passing any further order. The Court directed that, pending final disposal, no coercive steps be taken against the petitioner under Section 45‑A of the Employees State Insurance Act, 1948, and that the petitioner’s and family members’ bank accounts remain operable. The writ petition was allowed and the case was sent back to the authority for proper procedure.
Issues considered
- Whether the order dated 23 July 2020 passed by the ESIC during the COVID‑19 lockdown is legally valid.
- Whether coercive steps can be taken against the petitioner under Section 45‑A of the Employees State Insurance Act, 1948 during pendency of the writ petition.
- Whether the ESIC authority must issue a show‑cause notice and afford a hearing before taking any further action.
Legislation cited
- Employees' State Insurance Act, 1948 — s. 45-A
Subjects
- writ petition
- Employees State Insurance Corporation
- COVID-19 lockdown
- Section 45-A
- coercive steps
- show cause notice
- hearing
- remand
Judgment
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- Patna-
800001.
... ... Petitioner/s
Versus
1. The Employees States Insurance Corporation through Regional Director,
Employees State Insurance Corporation, Regional Office, Bihar, Panchdeep
Bhawan, Jawahar Lal Nehru Marg, Patna - 800001.
2. The Assistant Director (Autorized Officer), Employees State Insurance
Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal
Nehru Marg, Patna- 800001.
3. The Deputy Director (Recovery Officer), Employees State Insurance
Corporation, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal
Nehru Marg, Patna- 800001.
4. 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.
2. 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 20th
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.
3. 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.
4. With the above directions, the present writ petition
stands allowed to the extend indicated.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
Checking your session…