2001 (3) TMI 979

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....l as well as the learned Government Advocate on merits. The learned Government Advocate to file his memo of appearance within two weeks. 2.. We do not propose to deal with either the facts or the merits of the case because of the fact that after hearing the learned Advocates on both sides, we are of the view that it is necessary to remand the proceedings to the Karnataka Appellate Tribunal for ....

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....t material and secondly to overcome whatever bias that report might have caused. This is not a secret or any confidential document. It is a routine report filed by the inspecting authority and in this background, we are of the view that the copy of the same ought to have been made available to the petitioners when they asked for it. The non-furnishing of the copy in question is alleged to have cre....

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....e under duress and that it will not preclude the petitioners from challenging the orders passed against them. Since the petitioners have decided to appeal, in our considered view, they are entitled to a fair procedure irrespective of whether they had a case on merits or not. 4.. The petitioners learned Advocate also points out to us that after the case was adjourned for judgment it was listed o....

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....sheet should never be made and more importantly that one sided or ex parte hearings are not only impermissible but are deprecated. This will apply more so when the case was reserved for judgment because it does create an apprehension of unfairness and the possibility of bias in the mind of the opposite party and irrespective of what were the reasons or how so ever innocuous the entire situation mi....