2008 (12) TMI 630

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..... atapathy and Shri D.N. Panda, JJ. Shri K.P. Singh, SDR, for the Appellant. Shri K.K. Anand, Advocate and Binod Sharma (G.M.), for the Respondent. [Order per : Chattaranjan Satapathy, Member (T)]. - Heard the ld. SDR. 2. We find that the original authority has passed the impugned order ex parte without hearing the Respondents. The Lower Appellate Authority has also recorded that the .....

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..... ppeal. We further find that though the lower appellate authority has recorded in his order that at the time of personal hearing before him, the departmental representative was present but he has not recorded name of the officer and what he stated. Under the circumstances, we are of the considered view that the lower appellate authority should have remanded the matter for fresh decision by the orig .....

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..... ime limit during which fresh adjudication shall be completed as has been requested by the respondents. We direct that fresh adjudication shall be completed within a period of two months from the date of receipt of this order. The respondents are also directed to cooperate with the adjudicating authority without seeking unnecessary adjournments. The Departmental appeal is allowed in the above terms .....

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