Court allows petitioner to request cross-examination of department witnesses, highlighting importance of fair process

The Court held that the petitioner has the right to request cross-examination of persons relied upon by the department, and the decision to grant it depends on the circumstances of the case. The Court found it necessary to examine the issue in a writ petition despite the availability of a statutory departmental remedy. The Court opined that the right to cross-examine is not absolute but must be considered when requested. A notice was issued for the respondents to appear, and the impugned order confirming duty demand and penalties without granting cross-examination was stayed.

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Issues involved: Request for cross-examination of persons relied upon by the department, confirmation of duty demand and penalties without granting cross-examination.

Cross-examination request:
The petitioner requested to treat the reply as preliminary and reserve the right to file a final reply after cross-examining 28 persons mentioned in the reply. The Adjudicating Authority confirmed duty demand and penalties without granting cross-examination, despite noting the petitioner's intention to present the case further post cross-examination.

Judicial scrutiny:
The Court found it necessary to examine the issue in a writ petition, acknowledging the availability of statutory departmental remedy against the impugned order. The Court opined that the right to cross-examine may not be absolute and depends on the facts of each case. However, when such a request is made, the person has the right to have it considered.

Decision and directions:
The Court was prima facie of the opinion that the noticee has the right to request cross-examination, and the decision to grant it depends on the circumstances of the case. A notice was issued for the respondents to appear, and the impugned order was stayed, with direct service directed.

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