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TMI Blog2020 (1) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... rt that on the sole point the petition is required to be disposed of by remanding the matter to the authority for cross-examination. 2. Shri Ankit Shah, learned counsel appearing for the respondents could not dispute the fact that the said question of cross-examination vitiating the order is in fact covered by the number of judgments, which have been cited on behalf of the petitioner. Hence, by consent of the parties Rule. Rule is fixed forthwith in view of aforesaid premise. 3. Present petition has been taken out under Article 226 of the Constitution of India with following prayers. "(A) Your Lordships may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other Writ, Order or Direction to quash and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssentially based upon the statements, which have been relied upon by the department, then the persons making those statements were required to be permitted to be cross- examined by the petitioner. Counsel for the petitioner invited this Court's attention to the latest order passed by this Court on 6.9.2018 in the proceedings of Special Civil Application No.10629 of 2018 with Special Civil Application No.11008 of 2018, wherein after recording the fact that non-affording an opportunity of cross-examination despite demand would vitiate the order and when the counsel were at ad-idem on the said proposition of law remanded the matter to the authorities. Division Bench of this Court while passing the order on 6.9.2018 in Special Civil Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court also do not propose to examine any other aspect or merits, else it would not be proper thereafter to remand the matter and as the counsel for the respondents also could not controvert or dispute the settled proposition of law and as it is also not disputed that the statements, which have been taken into consideration for casting the order, the persons making those statements have not been permitted to be cross-examined on the perception that the same was only a delaying tactic. Therefore, without observing anything further on the merits, we are of the view that the order is required to be quashed and set aside only on the ground of authority's denial to grant cross-examination, as requested, had vitiated the order and, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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