9911796707
TMI Blog2022 (3) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid grounds taken by the petitioner in its memorandum of appeal filed before the Appellate Authority and accordingly, the impugned order dated 28th February, 2017 is set aside and remanded back to the Appellate Authority concerned on these two limited issues/grounds, which are non providing of documents to the petitioner upon which adjudicating authority has relied and denying the petitioner to cross-examine the witnesses in question on whose statement adjudicating authority has relied in its adjudication order. Appeal allowed by way of remand. - WPO/334/2017 - - - Dated:- 24-2-2022 - HON'BLE JUSTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fectively. The appellant states that the department did not provide the documents sought for and on the other hand, in order to save their default and laches, had been issuing notices for attending personal hearing one after another without complying with the request made by the appellant. The appellant, on self same cases had also requested the department vide his letter dated 01.10.2012 for providing the documents for submission of reply after perusal of the same and prayed that the personal hearing be fixed thereafter. XIII. For that the Learned Adjudicating authority also failed to appreciate that had the appellant been provided with the documents before the personal haring fixed for the same, the appellant would have got the chan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... speaking order on the aforesaid grounds taken by the petitioner in its memorandum of appeal filed before the Appellate Authority and accordingly, the impugned order dated 28th February, 2017 is set aside and remanded back to the Appellate Authority concerned on these two limited issues/grounds, which are non providing of documents to the petitioner upon which adjudicating authority has relied and denying the petitioner to cross-examine the witnesses in question on whose statement adjudicating authority has relied in its adjudication order. It is clarified that the impugned order of the Appellate Authority is set aside and remanded only on these two issues and the rest of the order, the Court is not inclined to interfere but of course it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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