2016 (3) TMI 1280

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....oners, Ms. Trusha Patel, learned Central Government counsel for respondents no.1, 2 and 3 and Ms.S.K. Vishen, learned counsel for respondents no.4 & 5. 2. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs 13"( A) Your Lordships may be pleased to issue a writ of mandamus and/or writ in the nature of mandamus or a writ of certiorari and/or a writ in the nature or certiorari or any other appropriate writ, order or direction quashing and setting aside the notice to show cause dated 30.7.2014 (AnnexureB). (B) Your Lordships may be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus or a writ of certiorari and/or a writ in the ....

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....;(D) Pending admission, hearing and final disposal of present petition, Your Lordships may be pleased to direct respondent no.3 Adjudicating Authority- (i) to grant inspection of the record. as demanded vide application dated 16.94.2014 and required by regulation 16 of the Regulations, (ii) to give a copy of the reply which may be filed on behalf of respondent no.2 in the matter, and (iii) to decide the preliminary issues raised by the petitioners vide its reply dated 23.09.2014 (Annexure-E hereto), before taking any decision on the impugned show cause notice; (E) Your Lordships may be pleased to grant ad interim relief in terms of para 13 (C) and/or 13(D) above; (F) Any other and further relief/....

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.... issue involved, the proceedings before the adjudicating authority shall be adjourned on an application that may be submitted by the petitioners, beyond 15.11.2014. 4. Respondent Nos.1 and 2 shall respond to the petition more particularly the prayers prayed for in Para 13(D) before the returnable date. Direct service is permitted today." Further, on 17.12.2015, this Court had passed the following order " At the joint request of learned counsel for the respective parties, S.O to 27th January, 2016. Ad-interim relief granted earlier, to continue till the next date of hearing. At the request of Ms.Trusha K. Patel, learned counsel for respondent Nos.2 and 3, it needs to be clarified that this Court vide order dated 07.10.20....

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....cating Authority on 2.9.2015, Annexed here to and marked Annexure: A1 is a copy of F.No. A- 12026/4/2012- SO (ES Cell) issued by the Department of Revenue, Ministry of Finance. 4. It is further submitted that Department of Revenue, Ministry of Finance, Government of India on 7.1.2016 has issued order vide F.No.12026/1/2013SO(ES-Cell) & F.N.O.12026 /2/ 2015SO of Mr. Tushar V. Shah, Advocate as Member from the field of law and Mr. Devendra Singhal, Tetd. IAS (MP.1978) as Member from the field of Administration. Annexed here to and collectively marked Annexure: A2 Colly." 5. Mr.Kamal B. Trivedi, learned senior advocate appearing for the petitioners submitted that in view of the said statement, the proceedings which are ....