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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
HC held that the Resolution Professional qualifies as a "public servant" under the Prevention of Corruption Act, 1988, rejecting the contention that the role is merely administrative or non-adjudicatory notwithstanding supervision by the Committee of Creditors. The court observed that pendency of higher court proceedings does not justify inaction in investigation or prosecution and emphasized preservation of the investigatory window. The petition was disposed directing the second respondent to consider the file submitted by the first respondent for grant of sanction under the Act on its merits and communicate the decision within four weeks of receipt, and further directed that, within four weeks thereafter, the first respondent shall file the final report in accordance with law.
HC held that the Resolution Professional qualifies as a "public servant" under the Prevention of Corruption Act, 1988, rejecting the contention that the role is merely administrative or non-adjudicatory notwithstanding supervision by the Committee of Creditors. The court observed that pendency of higher court proceedings does not justify inaction in investigation or prosecution and emphasized preservation of the investigatory window. The petition was disposed directing the second respondent to consider the file submitted by the first respondent for grant of sanction under the Act on its merits and communicate the decision within four weeks of receipt, and further directed that, within four weeks thereafter, the first respondent shall file the final report in accordance with law.
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