2024 (12) TMI 1003

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..... tion of purported classification of service under hearing 9988 - period of August 2017 to May 2018 - HELD THAT:- It is not required to preempt the respondents remedy of instituting an appeal, it would not be appropriate to prejudice the petitioner by allowing the respondents to dispose of the impugned show cause notice by making a final order. This petition is disposed off by permitting the respon .....

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..... 67,623/- along with the appropriate rate of interest shall not be recovered from the petitioner. 4. Typically, since this is a petition challenging a show cause notice, we would have been most reluctant to entertain it. However, the record shows that for the period of August 2017 to May 2018, the Joint Commissioner (Appeals-II), by his Order-in-Appeal, rejected the purported classification of serv .....

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..... ts remedy of instituting an appeal, it would not be appropriate to prejudice the petitioner by allowing the respondents to dispose of the impugned show cause notice by making a final order. 7. Accordingly, we dispose of this petition by permitting the respondent to adjudicate upon the impugned show cause notice but not making and communicating a final order of the petitioner till the Joint Commiss .....

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