2018 (10) TMI 977 - HC - Customs

Principles of natural justice - non-speaking order - petitioner s grievance is that its contention in appeal as recorded in the impugned order has not been dealt with by the impugned order passed by the Appellate Authority - Held that - The order passed by the authority under the Act is not a speaking order. The impugned order merely rejects the submissions of the petitioner on the ground that the same is not acceptable. This indicates complete subjectivity in passing the impugned order. The authority is obliged to give reasons for its decision (the appellate order might not have elaborate reasons when it confirms the order of the original authority). the petitioner s appeal restored to the file of the Additional Director of Foreign Trade for fresh disposal in accordance with the principles of natural justice - petition allowed.

Summary

Issues:
Challenge to impugned order dated August 11, 2017 under Article 226 of the Constitution of India.

Analysis:
The petition challenged the order passed by the Additional Director General of Foreign Trade on August 11, 2017, which dismissed the petitioner's appeal under section 15 of the Foreign Trade (Development and Regulation) Act, 1992. The petitioner contended that their appeal was not adequately addressed in the impugned order, specifically highlighting that they did not submit any documents to obtain the IEC certificate nor did they engage in any exports. It was argued that these actions were carried out by another individual without the petitioner's knowledge, and legal proceedings were ongoing in a Criminal Court regarding this matter. The impugned order was criticized for merely stating that the petitioner's submissions were not accepted without providing any reasons for such a decision.

The respondents supported the impugned order by referring to the order-in-original dated April 29, 2016. However, the Court found merit in the petitioner's argument that the impugned order lacked reasoning and failed to address the submissions made by the petitioner adequately. It was emphasized that the authority must provide reasons for its decisions to ensure objectivity and fairness in the adjudication process. The Court highlighted the importance of giving reasons to allow parties to understand why their submissions were accepted or rejected and to enable effective challenges before higher forums. Therefore, the Court set aside the impugned order and directed the Additional Director of Foreign Trade to reexamine the petitioner's appeal in accordance with the principles of natural justice.

In conclusion, the petition was allowed, and the impugned order dated August 11, 2017 was set aside. The petitioner's appeal was restored to the file of the Additional Director of Foreign Trade for fresh disposal, emphasizing the necessity of providing reasons in adjudicating/appellate orders to ensure fairness and transparency in the decision-making process.