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TMI Blog2022 (12) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 persons, the adjudicating authority states that he has not relied upon any of their statements to arrive at a conclusion. However, this finding recorded by the adjudicating authority is contrary to what he has held in the aforementioned paragraphs, which we have pointed out in those paragraphs. The statements have been referred to and conclusion has been arrived at by the authority against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - M.A.T 334 of 2020 + I.A. No.CAN 1 of 2020 (Old No.CAN 2290 of 2020) I.A. No. CAN 2 of 2020 (Old No. CAN 2301 of 2020 - - - Dated:- 2-12-2022 - HON BLE MR. JUSTICE T.S. SIVAGNANAM AND HON BLE MR. JUSTICE HIRANMAY BHATTACHARYYA Appearance:- Mr. K.K. Maity Mr. Tapan Bhanja .for the appellant Mr. Kaushik Dey ..for the respondent no.5 Mr. Shovendu Banerjee Mr. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the respondent nos.1 to 3 has drawn our attention to a few paragraphs of the order in original, namely, paragraphs 48, 49 and 54. From the above paragraphs it is seen that the stand taken by the appellant before us stating that the authority has not relied upon any of the statements appears to be incorrect. Interestingly in paragraph 62 of the order while considering the request made by the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicating authority that he is not relying upon any of those statements. 4. For the above reasons, the appeal stands allowed in part and the order passed in the writ petition is modified by setting aside the order in original dated 14th June, 2019 and remanding the matter back to the adjudicating authority to pass a fresh order on merits and in accordance with law without placing any re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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