Order set aside due to date discrepancy, fresh hearing directed for fair opportunity, emphasizing procedural fairness and legal principles.

The impugned order in this case was set aside due to a discrepancy in the date mentioned, leading to the petition being entertained by the Court. The failure to disclose a verification report deprived the Petitioner of a fair opportunity to respond. The Court directed a fresh hearing by the Commissioner, emphasizing procedural fairness and adherence to legal principles. The Commissioner was instructed to issue a new order based solely on merits within two months. The judgment highlighted the importance of rectifying errors, ensuring a fair hearing, and upholding the integrity of the decision-making process.

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Issues: Impugned order discrepancy, Anti-dating of order, Petition entertained due to lack of disclosure, Set aside impugned order, Directions for fresh order by Commissioner, Timely decision expected

In this case, the primary issue revolved around a discrepancy in the impugned order where the date mentioned did not align with the contents referred to in the order. The Respondent's counsel acknowledged the error, attributing it to a mistake rather than anti-dating. The Court, upon reevaluation of the petition and annexures, found a crucial inconsistency at Paragraph 17 of the impugned order, leading to the decision to entertain the petition despite multiple available remedies. The Court emphasized that the failure to disclose a verification report dated after the order's supposed date deprived the Petitioner of a fair opportunity to respond, prompting the setting aside of the impugned order.

Furthermore, the Court issued directions for a fresh hearing by the concerned Commissioner, allowing the Petitioner to inspect records, make submissions, and specifically address the contents of the final verification report previously undisclosed. The Commissioner was instructed to render a new order solely based on merits and within the confines of the law, disregarding any prior observations. The Court maintained that all contentions of the Petitioner remained open for consideration during the fresh proceedings, emphasizing the need for an expeditious resolution within two months from the date of the Court's directive.

Ultimately, the writ petition was disposed of in accordance with the Court's rulings, highlighting the significance of procedural fairness, disclosure, and adherence to legal principles in administrative decisions. The judgment underscored the importance of rectifying errors, ensuring a fair hearing, and upholding the integrity of the decision-making process in legal proceedings.

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