2008 (6) TMI 546 - HC - Customs

Natural justice - validity of impugned order - orders were passed without issuing show cause notice and without giving any opportunity of hearing to the petitioner - Held that - it does not appear that show cause notice was issued and opportunity of hearing was granted. I find orders were passed in breach of principles of natural justice. Hence, the impugned orders cannot be sustained and thus, are set aside and quashed - petition allowed.

Summary

Issues:
Challenging orders passed without show cause notice or opportunity of hearing; Breach of principles of natural justice; Setting aside and quashing impugned orders; Directing respondent to proceed afresh with show cause notice and hearing.

Analysis:
The petitioner challenged four orders passed by the Appraiser, Customs, Postal Appraising Department, alleging they were issued without show cause notice or opportunity for a hearing and without considering the exemption Notification No. 21/2002. The Court noted the absence of show cause notice and hearing, concluding that the orders were in breach of natural justice principles. Consequently, the impugned orders were set aside and quashed. The respondent was directed to initiate proceedings afresh, ensuring the issuance of a show cause notice and providing an opportunity for the petitioner to be heard. The Court mandated that the proceedings be concluded within a fortnight from initiation.

The learned advocates for the respondents contended that the orders were based on certificates provided by the petitioner. However, upon examination of the impugned orders, the Court found merit in the petitioner's contentions regarding the lack of show cause notice and hearing. This failure to adhere to procedural fairness rendered the orders unsustainable, leading to their annulment. The Court's decision to allow the writ petition was based on the violation of principles of natural justice in the original orders.

In conclusion, the Court allowed the writ petition, emphasizing that the impugned orders were nullified due to the absence of procedural safeguards such as show cause notice and opportunity for a hearing. No costs were imposed on either party, and all concerned parties were instructed to comply with the directives outlined in the order. The judgment underscored the significance of upholding principles of natural justice in administrative proceedings, ensuring fairness and due process in decision-making.