9911796707
TMI Blog2023 (8) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... al hearing - HELD THAT:- Having perused the record, in the first place, it is not in doubt that rules of natural justice have been breached. The adjudicating authority ought to have fixed reasonable date for filing reply and for personal hearing. That procedure was not followed. It may be true that the petitioner may have been at fault in not filing reply on the date fixed and having not filed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.2 within three weeks from today, the impugned order shall stand set aside. Further, petitioner may file its reply to the contents of the notice and the order within a period of two weeks thereafter. - Hon'ble Saumitra Dayal Singh And Hon'ble Rajendra Kumar-IV JJ. For the Petitioner : Aditya Pandey For the Respondent : C.S.C. ORDER 1. Heard Sri Aditya Pandey, lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was fixed and no order or notice was served on the petitioner. The order impugned was not passed on the date fixed but about five months thereafter on 30.11.2022. 4. On the other hand, learned Standing Counsel submitted that the petitioner failed to file any reply and to make any application to submit any reply even after the due date fixed in the notice dated 10.6.2022 had expired. Then, it h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority to pass that ex parte order, without any further notice. Since no order had been passed on that date, the adjudicating authority was obligated to fix another date. To that extent the petition must succeed. However, at the same time, there is fault on the part of the petitioner in neither filing appeal within limitation nor approaching this Court within reasonable time. Therefore, equities ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
