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2013 (12) TMI 172

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..... the main appellant as well as from the other appellant - this is a gross violation of principles of natural justice – there was nothing on record that the adjudicating authority had directed the appellants to file reply after the date mentioned in the show cause notice for filing reply - Matter remitted back to the adjudicating authority for proper adjudication after proper hearing – Decided in f .....

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..... h, appears on behalf of the appellants and drew our attention to the fact that adjudicating authority, in the impugned order has only granted them two dates of hearing. It is the submission of all the counsel that they have not received the personal hearing notices from the department in order to make proper representation or defence. It is also their submission that appellants have not even filed .....

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..... ng reply. 5. Be that as it may, suffice to say that natural justice can not be violated before arriving at a conclusion, which in our view least the adjudicating authority should have done is by giving at least three different hearings to the appellants and thereafter could have taken for disposal. Since there is nothing on record to indicate that third hearing was granted, we are of the view th .....

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..... ting authority, within four weeks from the date of receipt of the said documents. The adjudicating authority thereafter, shall take up the matter for adjudication and proceed to decide the matter and come to a conclusion. In order to meet the ends of principles of natural justice, we direct the adjudicating authority to hear and dispose the appeals not later than three months from the date of fili .....

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