9911796707
TMI Blog2017 (11) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... comments to the appellant, for their representation. Accordingly, the appellant filed their representation. It is clear that the revocation order, as done in the impugned proceedings, is beyond the recommendation given by the inquiry officer - there is a clear violation of principles of natural justice. It is necessary to put the appellant to notice regarding proposed rejection of the inquiry r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant contesting the findings, submitted that the appellant did not violate any provisions of CHALR, 2004/CBRL, 2013. He strongly contested the impugned order on the ground of violation of principles of natural justice. When Show Cause Notice was issued on 23.2.2017, an inquiry officer was appointed to conduct inquiry on the charges levelled against the appellant. The Inquiry Officer subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the appellant. Hence, the order passed without giving notice to them regarding rejection of inquiry report is bad in law. He pleaded for setting aside the impugned order on this ground alone. 4. The ld. AR reiterated the findings of the impugned order. He submitted that full inquiry report was made available to the appellant and also due opportunity of personal hearing was given to them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penal action, including revocation. The same was not done in the present case which jeopardises the impugned proceedings. 7. We note that in a similar set of facts, the Tribunal in P.I. Logistics (India) Pvt. Ltd. Vs. CC (I G), New Delhi - 2016 (344) EL:T 575 (Tri.-Del.) held that notice to the appellant regarding disagreement with findings of the inquiry report is necessary. Failure to inf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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