TMI Blog2014 (8) TMI 995X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and its outcome have nothing to do with the disclosure of documents in a case. The Commissioner had to decide whether those documents which the writ petitioner wanted were to be disclosed to the writ petitioner at all or whether some of the documents could be disclosed. If those documents could not be made available to the writ petitioner, reasons therefor had to be given. Thereafter, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 432 of 2014 - - - Dated:- 8-8-2014 - I.P. Mukerji, J. Shri R.K. Chowdhury, for the Petitioner. Shri S.B. Saraf and K.K. Maity, for the Respondent. ORDER The Court : There is one fundamental mistake that the Commissioner committed while passing the order dated 5th February, 2014. While dealing with the request of the writ petitioner for supply of copies of note-sheets, int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disclosed to the writ petitioner at all or whether some of the documents could be disclosed. If those documents could not be made available to the writ petitioner, reasons therefor had to be given. 4. Thereafter, the Commissioner ought to have decided whether to give an opportunity to the writ petitioner to file an additional reply to the show cause notice. 5. He has disposed of the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Commissioner dated 5th February, 2014 is set aside with liberty to him to re-adjudicate the case according to the above observations. 8. Affidavits were not invited as all the relevant papers are before me, allegations, if any, contained in the petition are deemed not to be admitted. 9. This writ application is disposed of by the above order. 10. Certified photocopy of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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