9911796707
TMI Blog2020 (8) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of personal hearing was given to the petitioner before passing the impugned order - The material on record also indicates that several documents relied upon by the respondent No.1 in the impugned order at Annexure-E were neither brought to the notice of the petitioner nor was he permitted to cross-examine the witnesses with reference to the said documents. In the absence of sufficient and reasonable opportunity being granted in favour of the petitioner, the impugned order is clearly in contravention of principles of natural justice and that the same deserves to be set aside on this ground - matter deserves to be remitted back to the respondent No.1 to consider and dispose off the same afresh in accordance with law - Petition allowed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exure-E placing reliance upon several documents which were never brought to the notice of the petitioner prior to passing of the impugned order. It is therefore, contended that apart from other legal and factual infirmities contained in the impugned order, the same is in total contravention of the principles of natural justice and that the same is liable to be quashed on this ground alone. 4.Per contra, learned AGA appearing for the respondents would support the impugned order and contend that there is no merit in the petition, particularly in the light of the remedy by way of appeal available to the petitioner and as such, the writ petition is liable to be dismissed. 5.Having heard both sides and perused the material on record, I am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order at Annexure-E dated 25.08.2019 is hereby quashed; (ii)The matter is remitted back to the respondent No.1-Assistant Commissioner for fresh disposal in accordance with law after hearing the petitioner on all aspects of the matter including the documents relied upon by the respondents and by affording sufficient and reasonable opportunity to the petitioner to contest the proceedings; (iii)The respondent No.1 is directed to furnish copies of all the documents relied upon by him in the impugned order and all other documents he wishes to rely upon to the petitioner; (iv)The respondent No.1 is also directed to dispose off the matter afresh bearing in mind the circular dated 31.12.2018 issued by the Government of India un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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