Court Examines Document Supply Issues and Alleged Natural Justice Violations; Awaits Department Report for Resolution. The court addressed issues concerning the non-supply and non-return of documents as well as alleged violations of natural justice. The appellant claimed ...
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Court Examines Document Supply Issues and Alleged Natural Justice Violations; Awaits Department Report for Resolution.
The court addressed issues concerning the non-supply and non-return of documents as well as alleged violations of natural justice. The appellant claimed that essential documents were not provided, breaching Rule 24A of CER 2002, and that non-relied documents were not returned. The court directed the department to verify the availability of documents referenced in the appellant's letter dated 29.07.2011. The case was adjourned to 21.09.2023, pending the department's report on document availability, indicating a temporary resolution focused on procedural compliance.
Issues involved: The issues involved in the judgment are non-supply of relied upon documents, non-return of non-relied upon documents, and violation of principles of natural justice.
Non-supply of relied upon documents: The appellant argued that the relied upon documents were not supplied to him as required under Rule 24A of CER 2002. Despite repeated requests, the documents were not furnished, including the image version of the hard disc. The appellant highlighted letters dated 09.10.2012 and 29.07.2011 to support his claim that the documents were not provided to him.
Non-return of non-relied upon documents: In addition to the issue of non-supply of relied upon documents, the appellant also raised concerns about the non-return of non-relied upon documents. The appellant emphasized the need for all documents to be either returned or supplied to him, as per the requirements outlined in the letters dated 29.07.2011.
Violation of principles of natural justice: The appellant contended that there was a violation of principles of natural justice in the proceedings. To address this concern, the Bench directed the department to verify and report on whether the documents mentioned in the letter dated 29.07.2011 could be supplied to the appellant. The matter was adjourned to 21.09.2023 pending the department's report.
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