Order Quashed Due to 15-Year Delay and Lack of Communication Violating Natural Justice Principles. The HC quashed the order in original dated January 31, 2024, and its corrigendum dated February 9, 2024, due to a 15-year delay in adjudicating show cause ...
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Order Quashed Due to 15-Year Delay and Lack of Communication Violating Natural Justice Principles.
The HC quashed the order in original dated January 31, 2024, and its corrigendum dated February 9, 2024, due to a 15-year delay in adjudicating show cause notices issued in 2008 and 2009. The court found the failure to inform petitioners of the transfer to the call book violated principles of natural justice, rejecting the respondents' argument that a 2017 circular was necessary for such communication. The writ petition was disposed of with no order as to costs, emphasizing the need for proper communication with petitioners and adherence to natural justice principles.
Issues: Delay in adjudication of show cause notices; Failure to inform petitioners of transfer to call book; Compliance with principles of natural justice.
Analysis:
The judgment pertains to a petition challenging show cause notices issued in 2008 and 2009, leading to an order in 2024 after a delay of approximately 15 years. The reason for the delay was the transfer of the notices to the call book due to a similar issue pending before the Supreme Court. However, the petitioners were not informed of this transfer, which the court found unacceptable, emphasizing that the failure to inform the petitioners violated the principles of natural justice.
The respondents argued that a circular issued in 2017 mandated informing petitioners of such transfers and since there was no such requirement before 2017, they were not obligated to inform the petitioners. The court rejected this argument, stating that even without a circular, the transfer should have been communicated to the petitioners as a matter of natural justice. The court cited various cases to support this position, including a specific rejection of a similar argument in a previous case.
In line with previous decisions, the court quashed the order in original dated January 31, 2024, and its corrigendum dated February 9, 2024. The court referenced multiple cases to support its decision, emphasizing the importance of upholding principles of natural justice and ensuring proper communication with petitioners. The writ petition was disposed of, with no order as to costs, concluding the legal proceedings in this matter.
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