9911796707
TMI Blog2022 (9) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... that he acted in flagrant disregard to law or rules of procedure or acted in violation of principles of natural justice - There is no violation of any principle of natural justice or any rules or procedure in this case. So, the order passed by the Assistant Commissioner cannot be interfered with in a application filed under Article 226 of the Constitution of India. Additionally, this Court takes note of the fact that the petitioner in essence is praying for exercise of writ jurisdiction for issuance of a certiorari. Certiorari jurisdiction are not exercise for quashing mere error of fact of law unless there is substantial question of law arises regarding the jurisdiction etc. of the Tribunal and that if that order is allowed to stand a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horities vide letter dated 29.04.2022 that the order has been passed, imposing penalty against him and he may prefer an appeal to the Commissioner (Appeal), Dehradun within sixty days. He did not prefer an appeal. On 14.09.2022, he filed this writ petition challenging the order passed by the Assistant Commissioner. 4. The learned counsel for the petitioner would rely upon the observations made by the Full Bench of the Gujarat High Court, which was followed by the Division Bench of this court in SPA No. 123 of 2022, and stated that the writ petition is maintainable as the petitioner is left remediless. However, this Court take into consideration the observations made by the Full Bench of Gujarat High Court in the case of Panoli Intermed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se. So, the order passed by the Assistant Commissioner cannot be interfered with in a application filed under Article 226 of the Constitution of India. 6. Additionally, this Court takes note of the fact that the petitioner in essence is praying for exercise of writ jurisdiction for issuance of a certiorari. Certiorari jurisdiction are not exercise for quashing mere error of fact of law unless there is substantial question of law arises regarding the jurisdiction etc. of the Tribunal and that if that order is allowed to stand a gross injustice would allow to be perpetuated. It is not the case here. There is no gross injustice in this case. There is no violation of rules or procedure and principle of natural justice. Hence, application for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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