SHAMSHUDDIN ALI MULLAJI vs THE ASSISTANT COMMISSIONER OF EMPLOYEES PROVIDENT FUND COMMISSIONER ( PENSION) AND ORS

Judgment text excerpt

910-wp-10462-2023-J.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10462 OF 2023 Shamshuddin Ali Mullaji Age:68 Years, Occ.: Retired R/a. Masjid Trust Building, 3rd Floor, Room No:11, Kakoli Mohalla, Kalwa, Thane – 400605. … Petitioner Versus 1. The Assistant Commissioner of Employees Provident Fund Commissioner (Pension), Regional Office, Thane (North), Vardan Commercial Complex, 6th Floor, MIDC Road No.16, Wagle Estate, Thane-400 604. 2. Bank of India Through The Branch Manager, Branch: Sanghvi Valley A1 and A2, Parsik Nagar, Thane 400605 Tel Ph. No.:-022/25399476, 022/25414483. 3. State Bank of India Through The Branch Manager, Shop No.:-4 and 5, Milestone Corporate Park, Old Mumbai-Pune Road, Kalwa, Thane (E)-400605. … Respondents ------- Mr. J. P. Kharge, for the Petitioner. 1 Sonali 910-wp-10462-2023-J.odt Mr. Rohit Sakhadeo, appointed as Amicus Curiae. Ms. Gunjan Chaubey a/w. Mr. Vinay Kate, for the Respondent -EPFO. ------- CORAM : RAVINDRA V. GHUGE AND ABHAY MANTRI, JJ. DATE : MARCH 5, 2026 ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) : 1. Heard. Rule. Rule made returnable forthwith and heard finally by the consent of the respective parties. 2. This Petition brings out a classic case of misrepresentation, non-disclosure of material information and a systematic act of defrauding the State Exchequer. As we narrate the various dates and sequence of events in the light of the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees Pension Scheme, 1995, the story of misrepresentation, non-disclosure and defrauding the State Exchequer, would unfold itself. 2 Sonali 910-wp-10462-2023-J.odt 3. The dates and sequence of events are as under: (a) The Petitioner was initially working in