9911796707
TMI Blog2003 (1) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... ute arose between the petitioner and the Central Excise Department in relation to excisability of certain products manufactured by the petitioner. This led to issuance of show cause notice, dated 7-6-2002 by the respondent No. 2 Commissioner Central Excise to petitioner. The petitioner was asked to reply. 4.It appears that the case was fixed for proceedings before the Commissioner on 20-9-2002. The petitioner sought adjournment on 20-9-2002, inter alia on the ground of non-availability of their Counsel who was to come from out side (Delhi). It is not in dispute that learned Commissioner did not pass any order on the adjournment request made by the petitioner on 20-9-2002 the same day and it further appears that eventually the learned Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 25-9-2002 by the petitioner, the application filed by the petitioner was rejected giving rise to filing of this writ. Notice of this writ was issued to respondents. They are served and represented. They have also filed return and defended the impugned action including passing of the impugned orders. 5.Heard Shri Vivek Tankha, learned Senior Counsel with Shri Vivek Saran, learned Counsel for the petitioner and Shri B.G. Neema, learned Standing Counsel for Union of India. 6.Learned Counsel for the petitioner in substance made two submissions, while assailing the impugned two orders dated 25-9-2002 and 29-11-2002. In the first instance, he contended that learned Commissioner committed an error of law in proceeding ex parte on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the issue was too technical, when he proceeded to find fault in petitioner's case. An approach which results in defeating the very means to obtain justice from a judicial/quasi judicial authority can never be regarded as judicial one and hence, should not be encouraged. 9.An approach of every judicial authority who is invested with the power to decide the fate of citizen's rights (whether property or personal) should always be to ensure in its real perspective that before any decision is taken against a citizen, he is afforded fullest opportunity to defend himself. Indeed, while following this principle, it causes no prejudice to an authority but in converse, it results in depriving a citizen of their fundamental right enshrined in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere petitioner could be held to be chronic defaulter deliberately indulging consistently in delaying methods by resorting to one or other modes to avoid any decision on merits. It was also not a case where they showed any disrespect to the Institution. Seeking an adjournment is not something unnatural. It is indeed inherent in every case pending in courts, Tribunal and Authorities. It is always for the authority to decide as to whether a case for adjournment is made out and if so on what conditions, the same should be granted. A provision is made by way of exercise of judicial discretion to impose stringent conditions, or payment of cost to balance the equities and rights of the parties. Indeed, it is this principle that is laid down in San ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02 to learned Commissioner. They were entitled to file reply to show cause which they actually did by submitting on 27-9-2002 (Annexure P-3). It ought to have been taken into consideration on merits in its real perspective for deciding the issue sought to be made subject-matter of show cause. 13.Accordingly and in view of aforesaid discussion the petition succeeds and is allowed. Impugned order dated 24/25-9-2002 (Annexure P-9) and order dated 29-11-2001 (Annexure P-13) are quashed by writ of certiorari. The respondent No. 2 is directed to take the reply filed by the petitioner on 27-9-2002 on record of the case. The petitioner is directed to appear before the learned Commissioner on 3-2-2002 to participate in the proceedings and may file ..... X X X X Extracts X X X X X X X X Extracts X X X X
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