9911796707
TMI Blog2014 (12) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... . When the investigation is into the affairs of the petitioner, the only party which is immediately affected is the petitioner itself. Whatever may be the entitlement of any other agency to receive copy of such report, an agency which is immediately affected cannot be denied a copy thereof. If the report is so inaccessible or confidential for that very reason, it should be kept outside the purview of the adjudication also. - order of the Commission suffers from a serious infirmity on account of non-furnishing of the report of the Commissioner to the petitioner - Matter remanded back - Decided in favour of assesse. - Writ Petition No.1695 of 2002 - - - Dated:- 26-11-2014 - L. Narasimha Reddy And Challa Kodanda Ram, JJ. For the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fered to pay a sum of ₹ 23,04,650/- and still, the Commission did not grant any relief. It is urged that the Commission took into account, the report dated 27.06.2001, filed by the Commissioner, without even furnishing a copy of the same to it, much less giving an opportunity to explain the facts mentioned therein. Respondent No.1 filed a counter-affidavit opposing the writ petition. According to him, the Commission has the discretion either to grant the relief or to require the party to avail the remedies and that no exception can be taken to the order under challenge. It is also pleaded that the report submitted by the Commissioner is only for the guidance of the Commission and the petitioner has no right to insist on furnishing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation is into the affairs of the petitioner, the only party which is immediately affected is the petitioner itself. Whatever may be the entitlement of any other agency to receive copy of such report, an agency which is immediately affected cannot be denied a copy thereof. If the report is so inaccessible or confidential for that very reason, it should be kept outside the purview of the adjudication also. We are of the view that the order of the Commission suffers from a serious infirmity on account of non-furnishing of the report of the Commissioner to the petitioner. On this short ground, we allow the writ petition and set aside the order under challenge. The matter is remanded to the Commission for fresh disposal after a copy of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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