Petition Dismissed: Fair Hearing Offered, COVID-19 Considered

The court rejected the writ petition, finding that the petitioner had multiple opportunities for a personal hearing but declined due to the COVID-19 pandemic. The court concluded that the impugned order did not violate natural justice principles as the petitioner's request to drop penal proceedings was considered by the respondent. The court emphasized that the petitioner was given fair opportunities for a hearing, which were not utilized, leading to the dismissal of the petition.

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Issues:
1. Failure to attend personal hearing due to COVID-19 pandemic.
2. Allegation of non-compliance with principles of natural justice.
3. Request for dropping penal proceedings against the firm.

Analysis:
1. The petitioner's counsel highlighted the show cause notice (Ext.P1) and the subsequent reply (Ext.P2), emphasizing that due to the COVID-19 pandemic, the partners of the petitioner firm were unable to travel for the personal hearing scheduled at Kozhikode. The petitioner's request for adjournment was misinterpreted by the respondents, leading to the contention that the impugned order should be set aside for non-compliance with natural justice principles.

2. Upon examination, it was revealed that the petitioner had been issued a notice of hearing on 11-11-2020 (Ext.P4) for a personal hearing on 24-11-2020. The petitioner's response in communication at Ext.P5 expressed reluctance to attend the personal hearing due to the pandemic and requested the authority to drop penal proceedings against the firm. The respondent's decision, as reflected in the impugned order (Ext.P6), indicated that the petitioner declined the opportunity for personal hearing, leading to the conclusion that the impugned order was not in violation of natural justice principles and was appealable.

3. The respondent's observations in the impugned order highlighted that the petitioner was given multiple opportunities for personal hearing, which were not utilized. The petitioner's communication expressing disinterest in attending the hearing and requesting the dropping of proceedings against the firm further supported the respondent's decision. Consequently, the court concluded that the petitioner was afforded the opportunity for personal hearing, which was declined, and therefore, the impugned order did not contravene natural justice principles. As a result, the writ petition was rejected.

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