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TMI Blog2018 (10) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... dicating Authority shall give an opportunity of being heard for the party in proceedings, if the party so desires. The impugned order, though passed by considering the merits of the matter, cannot be sustained, only on the reason that the same was passed without following the principles of natural justice in its full sense - matter has to be remitted back to the second respondent for passing fresh orders after giving an opportunity of personal hearing to the petitioner - petition allowed by way of remand. - W.P.No.24339 of 2018 And W.M.P.No.28354 of 2018 - - - Dated:- 17-9-2018 - Mr. K. Ravichandrabaabu J. For the Petitioner : Mr.K.Jayachandran For the Respondents : Mr.Rajnish Pathyil, Central Government Standing Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal hearing through their reply dated 02.08.2018 and such reply was also duly acknowledged by the second respondent and incorporated in the impugned order itself, no such opportunity of personal hearing was given to the petitioner before passing the impugned order. Therefore, he contended that compliance of the principles of natural justice has not been followed by the second respondent in its full spirit and sense by not granting the personal hearing. 6. The learned Central Government Standing Counsel for the respondents though contended that all the objections raised by the petitioner in their reply were considered by the second respondent in detail and consequently, the same were answered, however, fair enough to accept the position t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide. 9. Accordingly, this writ petition is allowed and the impugned order is set aside. Consequently, the matter is remitted back to the second respondent for passing fresh orders on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioner. The petitioner shall co-operate with the Adjudicating Authority for completion of the proceedings, as directed by this Court, by filing their further reply within a period of two weeks from the date of receipt of a copy of this order. The whole exercise shall be done by the second respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed. - - TaxTMI - TMITax - Service ..... X X X X Extracts X X X X X X X X Extracts X X X X
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