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TMI Blog2018 (6) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... natural Justice - Accordingly, we recall the Final Order dated 1.11.2017 and allow this miscellaneous application for rectification of mistake - ROM application allowed. - ST/ROM/50010/2018 in Appeal No.4073/2012 - MISC Order No. 50339/2018 FINAL Order No. 52172/2018 - Dated:- 25-5-2018 - Shri Anil Choudhary, Member (Judicial) and Shri C.L. Mahar, Member (Technical) Rep. by Shri R. Santhanam, Advocate for the appellant. Rep. by Shri G.R. Singh, DR for the respondent. ORDER Per Anil Choudhary: The appellant/applicant has filed the filed this application for rectification of mistake of Final Order no.ST/A/57536/2017 CU DB dated 01/11/2017 on the ground, among others, that the appellant had raised the ground th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the principles of legislative law and observed 14. In the Principles of Administrative Law by M.P. Jain and S.N. Jain, Fourth Edition of 1986 page 248, after discussing several decisions it was observed as follows:- While the principle is well established that the person concerned should be adequately informed of the case against him, there may be questions raised about the extent and content of the information to be given. Courts may have to decide whether in a particular case all the relevant material or evidence was disclosed to him or not. The court may hold in a case that it was not necessary to disclose a particular document or that what was disclosed was adequate; the extent and content of the information to be disclosed w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was held on 13/08/2012 and sought further time for filing written submissions. The learned Counsel states that the said counsel had made specific request for delivery of the relied upon documents. The learned Commissioner had only directed the Counsel to take the documents from the concerned Supt but as the file was not readily traceable containing the documents, the Supt. could not at all deliver the same. Further, it is evident from record that after 13/08/2012, no further date was fixed for hearing and without ensuring the delivery of documents the impugned order in-original dated 14/09/2012 was passed. Thus, it is explicit on the facts on record that without providing the copies of relied upon documents and without giving adequate oppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. It is further submitted that when in such a detailed discussion on the issue of principles of natural justice has been tackled in the said order then, it is not open for further elaboration. Even if the appellant is aggrieved with the decision he should approach higher judicial forums for redressal. The case laws relied upon by the appellant are not at all applicable on the facts of case and are not even remotely connected to the instant case. 7. Allowing of such M.A. would certainly amount to reviewing of the order which is not permissible as the Hon ble CESTAT become functus officio after passing of Final Order. It has been regularly held at various courts that any mistake which is apparent on the face of the record must be in ob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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