2017 (2) TMI 477

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....r the Respondent :- Sr. S.C. ORDER Heard Sri S.D. Singh, learned Senior Counsel assisted by Sri K.D. Vyas, learned Counsel for the appellant and Sri Pravin Kumar, learned Counsel for the department. In this matter the High Court had passed an order on 05.02.2002, which is quoted hereunder:- "They however, suggested that the show cause notice itself may be disposed of as early as possible. Acc....

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....various contentions raised in the writ petition and all the questions are left open." It is this order, which has been interpreted by the adjudicating authority in its order dated 20.02.2002. The adjudicating authority says that the request of cross-examination was denied on account of Hon'ble High Court, Allahabad directives regarding time frame of the proceedings and passing of final order.....

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....rtunity of cross-examination. The adjudicating authority in our opinion has completely misread the directives of the High Court, it could never have been the intention of the High Court to deprive any party of a proper opportunity of hearing, which includes in it the right to cross-examine the necessary witness. Such a denial no doubt leads to arbitrariness and consequential to injustice and that ....