1987 (11) TMI 227

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..... this case, as given to us during the hearing, are quite revealing. The appellants were functioning as a licensed gold dealer till 1979. In 1979, their firm was reconstituted and accordingly for 1980 they applied for a fresh licence in the name of the newly constituted firm. Twice their application was rejected. Each time, the Collector (Appeals) found no substance in the ground of rejection and s .....

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..... als) had no authority to direct granting of the licence, that such authority was vested only in the adjudicating authority and all that the Collector (Appeals) could do was to record his observations and to remand the case again to the adjudicating authority for de novo consideration. The prayer made before us is to set aside the Collector (Appeals) order and to remand the matter to the Deputy Co .....

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..... the Collector (Appeals). Nor are we able to discover any legal flaw in the order passed by the Collector (Appeals). He has not usurped the function of the adjudicating authority. It is not as it he has straightaway granted the licence himself. All that he has done is to direct the adjudicating authority to grant the licence. He was perfectly within his powers to do so. Once he found no merit in t .....

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