2011 (1) TMI 1078 - HC - Central Excise

Writ - learned senior counsel restricted his relief for supply of documents which are going to be pressed into service or relied upon by the Adjudicating Officer during adjudication - Held that - When we say relied upon or pressed into service, it would convey that any document which has been directly or indirectly pressed into service by the Adjudicator - Be it clarified and elaborated if in course of adjudication a document as indicated hereinbefore is pressed into service and relied upon directly or indirectly, it would be open to the petitioner to file an application for getting a copy of the same. In case an application is filed, as acceded to by Mr. Mukesh Anand, the Adjudicator shall dwell upon the same - writ petition stands disposed of

Summary

Issues:
Supply of documents during adjudication process.

Analysis:
The judgment involves a petition where the petitioner sought relief for the supply of documents that will be used by the Adjudicating Officer during the adjudication process. The senior counsel for the petitioner highlighted specific pages in the paper book that contained references to bill numbers and paragraphs that were of concern. The counsel expressed apprehension that the Adjudicator might refer to these documents without providing copies to the petitioner, which could impact the fairness of the adjudication. The Standing Counsel for Central Excise and Customs assured that all documents to be used or relied upon, including those mentioned in the paper book, would be handed over to the petitioner to ensure a fair adjudication process. The Court emphasized the importance of transparency and fairness in adjudication, stating that any document directly or indirectly used by the Adjudicator should be made available to the petitioner. The previous order regarding the supply of documents was nullified to address any concerns, and the petitioner was given the right to file an application for obtaining copies of documents used during adjudication. The judgment clarified that the adjudication proceedings would continue based on the provided directions.

In conclusion, the writ petition was disposed of with the directions outlined in the judgment. No costs were awarded, and a copy of the order was to be provided to the respective counsels for the parties. The Court emphasized the importance of ensuring that all documents relied upon during adjudication are made available to the concerned parties to uphold the principles of fairness and transparency in the adjudication process.