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Issues involved: Impugning the legality of an order of adjudication passed by the Additional Commissioner of Customs u/s 129B of the Customs Act, 1962 on the grounds of violation of principles of natural justice.
The judgment addresses the issue of violation of natural justice in the order of adjudication passed by the Additional Commissioner of Customs. The Petitioners argued that they were unable to attend the personal hearing as the notices were dispatched after the specified hearing dates. The Court noted that the impugned order was indeed passed in violation of natural justice as the notices were received after the hearing date, rendering the presence of a statutory remedy irrelevant. The Court allowed the Petition, setting aside the impugned order due to the breach of natural justice. The Adjudicating Authority was granted the liberty to pass a fresh order, with the Petitioners directed to appear before them. The Petitioners were also permitted to seek resolution through the Settlement Commission. The judgment concluded without any order as to costs. In this case, the Adjudicating Authority's actions were scrutinized for sending notices of personal hearing after the specified dates, leading to the violation of natural justice. The Court emphasized that the receipt of notices after the hearing date rendered the order invalid, regardless of the availability of an appellate remedy. Consequently, the Petition was allowed, and the impugned order was set aside on the grounds of breaching natural justice. The Adjudicating Authority was given the opportunity to issue a fresh order while preserving the rights and contentions of the parties. The Petitioners were directed to appear before the Adjudicating Authority, with the option to explore resolution through the Settlement Commission, maintaining their legal remedies. The judgment highlighted the significance of adhering to principles of natural justice in adjudication proceedings. It was established that the Adjudicating Authority's dispatch of notices after the specified hearing dates resulted in a violation of natural justice. As a consequence, the Court deemed the impugned order as invalid and granted relief to the Petitioners by setting it aside. The Adjudicating Authority was instructed to reevaluate the case, ensuring a fair process and considering all rights and contentions of the involved parties. Additionally, the Petitioners were given the freedom to pursue alternative dispute resolution through the Settlement Commission, emphasizing the availability of legal remedies in resolving the dispute effectively.
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