9911796707
TMI Blog2012 (8) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... n documents - matter remanded back to the adjudicating authority to allow the inspection of original records to the appellants or their counsel and give copies of the documents which the appellant may ask after the inspection of the records under his signature and thereafter pass the orders in accordance with the law - C/S/135/10, 200/10, 246/10, 249/10, 251/10, 252/10, 307/10, 308/10, 346/10, 407/10, 408/10, 409/10 &410/10 - - - Dated:- 12-1-2012 - Mr. Ashok Jindal, Mr. P.R. Chandrasekharan, JJ. Shri.Naresh Thakkar, Advocate for appellant Shri. SDR, for respondent Per: Ashok Jindal 1. The appellants are in appeals along with stay applications. Today, the stay applications on behalf of he appellants were listed bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elied upon documents and inspection of records which were not allowed to inspect all the records on their several requests. Therefore, the impugned orders are in gross violation of principles of natural justice. During the course of arguments, he also brought to our knowledge the order of the Hon ble High Court of Bombay in the case of Shri Vijay Tulsidas Wanwari in WP No.551/96 wherein the petitioner s detention was quashed only on the ground of non-supply of relied upon documents. Therefore, the impugned order is in gross violation of principles of natural justice, the matter be remanded back to the original adjudicating authority with specific direction. 4. On the other hand, Shri P.Das, Ld. Commissioner (AR) strongly opposed the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of principles of natural justice under article 22 (5) of Constitution of India, therefore, the observations of adjudicating authority that the documents have already been supplied in 1997 is not sustainable. In the adjudication order, it is mentioned that the appellants were supplied/allowed inspection of the original records during the period 2007 and 2009 and documents have been supplied. On this issue, the Ld. Advocate has drew our attention on various letters/correspondence between them and the adjudicating authority. On perusal of the same, we find that some times inspection was allowed but documents were not available or some times its were fixed for inspection but the same officer was not available and the same has been answered by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
