2018 (3) TMI 871

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..... heard the matter - learned Commissioner is directed to pass a public order hearing the appellant publicly without communicating his decision through a subordinate. While passing appropriate order, learned Authority shall grant reasonable opportunity of hearing to the appellant and record its pleadings as well as evidence. Stating reason of his decision, he shall pass appropriate order - appeal .....

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..... t. This is the jurisprudence laid down by the Apex Court decision in the case of Commissioner of Police, Bombay vs. Gordhandas Bhanji reported in AIR 1952 SC 16. Also the basic principle of judicial discipline is that a person who hears should pass an order and should not fancifully communicate his order through a subordinate who has not heard the matter. This is the position of law laid down by A .....

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..... been filed on 28.7.2017. But the vessel is not yet cleared by Customs. 4. The communication of the Deputy Commissioner does not specify the reason why the appellant has to carry out the direction of his superior communicated by him without an order of a quasi judicial Authority. Reason being heartbeat of justice, absence thereof buries justice. 5. While passing appropriate order, learned Au .....

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