2009 (3) TMI 1041 - HC - Indian Laws

Summary

Issues involved: Jurisdiction of designated Authority to review final finding, Violation of principles of natural justice.

Jurisdiction Issue: The High Court considered two main issues in this case. Firstly, it was argued that the designated Authority did not have the jurisdiction to review the final finding without proper authority. Secondly, it was contended that the Petitioners were not given an opportunity to be heard, thus violating principles of natural justice. The learned ASG disputed the legal correctness of the jurisdictional argument and assured that the matter would be argued before the designated Authority.

Violation of Natural Justice: On the issue of violation of natural justice, the learned ASG confirmed that the Petitioners would be granted an opportunity to be heard and access to any additional material submitted to the designated Authority. Consequently, the High Court set aside the impugned order and directed the Petitioner to appear before the designated Authority on a specified date. It was clarified that appearing before the Authority did not waive the Petitioner's objection to jurisdiction, which could still be raised before the Authority for a decision.

Additional Information: The Senior Advocate for the Petitioner requested liberty to approach the Court if the Petitioner remained aggrieved after the fresh order was passed. The Court clarified that while this new cause of action may not necessarily warrant granting liberty, the Petitioner could still seek redressal by approaching the High Court or the appropriate forum. The Writ Petition was disposed of based on these terms.