2018 (10) TMI 46

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..... f hearing. According to the petitioner, even if that be so, the adjudicating authority was obliged to deal with the request for cross-examination in the impugned order - Principles of natural justice require the adjudicating authority to allow a respondent in a proceeding to cross-examine the witness produced by the prosecution. In the present case, a request was made by the petitioner before .....

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..... aiti, Adv. Ms. Aishwarya Rajyashree, Adv. Mrs. Debjani Roy, Adv. For U.O.I. The Court: An order in original dated May 31, 2018 is under challenge in the present writ petition. Learned Advocate appearing for the petitioner submits that, the impugned order stands vitiated by breach of principles of natural justice. He draws the attention of the Court to the fact that, the petitioner appeared .....

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..... .) and submits that, the same show-cause notice resulting in the same impugned order in original was the subject-matter of challenge in those two writ petitions. In both the two writ petitions, the impugned order in original was set aside after returning a finding that, the writ petitioners therein were denied a reasonable opportunity of hearing. Such writ petitioners were not permitted to cross .....

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..... ording to the petitioner, even if that be so, the adjudicating authority was obliged to deal with the request for cross-examination in the impugned order. Principles of natural justice require the adjudicating authority to allow a respondent in a proceeding to cross-examine the witness produced by the prosecution. In the present case, a request was made by the petitioner before the adjudicating .....

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..... question of securing the demand raised by the department is concerned, in the facts of the present case, since the order which imposes the penalties, is found to be vitiated by breach of principles of natural justice, and is being quashed by this order, there would be no basis for the Court to direct the petitioner to put in any security. W.P. No. 442 of 2018 is disposed of. No order as to co .....

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