Petitioner Wins Challenge: Show Cause Notice Reinstated with Mandatory Personal Hearing and Comprehensive Evidence Review HC reviewed an order related to a show cause notice, finding the Adjudicating Authority failed to consider the petitioner's reply. The court set aside the ...
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Petitioner Wins Challenge: Show Cause Notice Reinstated with Mandatory Personal Hearing and Comprehensive Evidence Review
HC reviewed an order related to a show cause notice, finding the Adjudicating Authority failed to consider the petitioner's reply. The court set aside the original order, restored the show cause notice, and directed the authority to provide a personal hearing and reconsider the petitioner's submitted reply. If the petitioner does not appear subsequently, the authority may proceed ex-parte while considering the previously filed reply.
Issues involved: Impugning an Order in Original dated 19.12.2023 disposing of a show cause notice dated 28.04.2021.
Judgment Details:
Issue 1: Failure to consider petitioner's reply
The petitioner impugned the Order in Original dated 19.12.2023, which disposed of the show cause notice dated 28.04.2021. The impugned order noted that the petitioner did not submit any written reply in response to the show cause notice. However, it was acknowledged that personal hearing opportunities were granted to the petitioner, but no one appeared. The respondent's counsel conceded that a reply was indeed filed by the petitioner, but it was not considered by the Adjudicating Authority when passing the final order. Consequently, the High Court set aside the impugned order, restored the show cause notice on the record, and directed the Adjudicating Authority to decide the matter in accordance with the law after providing the petitioner with one opportunity of personal hearing.
Issue 2: Future course of action
The High Court clarified that if the petitioner fails to appear for the hearing again, the Adjudicating Authority can proceed with the adjudication of the show cause notice ex-parte, but must take into consideration the reply previously filed by the petitioner. The petition was disposed of accordingly, with the Court explicitly stating that it did not delve into the merits or contentions of either party, reserving all rights and contentions for the parties involved.
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