9911796707
TMI Blog1995 (8) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... filed today seeking modification of the order of the Tribunal dated 12-9-1994, after hearing both the parties, since I felt that before the learned adjudicating authority the appellant s Counsel could not argue the case on 19-10-1993 by reason of his ill-health and has sought adjournment by telegram and also intimation by telephonic call, I am inclined to think that the matter will have to be rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ference to the penalty levied on the appellant. 3. Shri Nazeer, the learned Counsel for the appellant submitted that the case was posted on 24-9-1993 before the learned adjudicating authority and even though the Counsel was present, the learned Collector adjourned the hearing suo moto to 30-9-1993. Since 30-9-1993 was not suitable to the Counsel, an adjournment was sought for and the matter stoo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the learned SDR. 5. In the present appeal, the issue that arises for my consideration is whether the learned adjudicating authority could have granted adjournment on 19-10-1993. It will be seen from the records that on 19-10-1993, the Counsel was not well and sought an adjournment on grounds of ill-health by sending intimation through telephone and also by telegram. The learned Collector himse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces on grounds of ill-health. The fact of ill-health has also been brought to the notice of the learned adjudicating authority not only by telephonic message but also by telegram. The normal practice in a court of law is that whenever a Counsel in charge of a case could not appear on grounds of ill-health, the case is normally adjourned and the request for adjournment on grounds of ill-health by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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