2019 (8) TMI 215

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....cation Proceedings and Appeals) Rules, 2000 (Adjudication Rules). 2. The Petitioner's grievance to order dated 21st August, 2017 is to the extent it rejects Petitioner's application for copy of the reply filed by BCCI (Board of Control of Cricket in India) i.e. main noticee in the show cause notice dated 20th July, 2011 which is also issued to the Petitioner. So far as the order dated 8th January, 2018 is concerned, the challenge is to the extent it declines to grant cross examination of 5 persons namely (a) Shri N. Srinivasan, (b) Mr. Peter Griffith, (c) Mr. Andrew Wildblood, (d) Shri A. K. Nazeer Khan and (e) Shri D. K. Singh (complainant), whose statements are being relied upon by the Respondent in adjudication pro....

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....status and condition of the Petitioner viz-a-viz Indian Law continues to remain what it was on 30th January, 2018 i.e. no red corner notice has yet been issued in respect of the Petitioner. These facts are not disputed and distinguished by the Revenue. Thus, this issue having already been considered by a coordinate bench of this Court and no new facts have thereafter have been brought to our notice which would warrant a different view. Therefore, we follow the same and hear the Petition in exercise of our extra ordinary writ jurisdiction. 5. Mr. Hora submits that the issue raised herein are concluded in the Petition by the order of this Court dated 30th January, 2018 in Writ Petition No.2803 of 2015(supra) in case of this Petitioner itself....

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....So far as the impugned communication dated 8th January, 2018 is concerned, it inter alia disposes of the request for cross examination and joint hearing of all parties to the show cause notice by rejecting the same. So far as the issue of cross examination is concerned, we find that the compliant/ show cause notice relies upon the statement of persons of whose cross examination is sought. Thus, the basic rules of natural justice would require grant of the same, in case, the statements are being relied upon bythe Respondent No.1. In any event, this issue stands concluded by the order dated 30th January, 2018 in Writ Petition No. 2803 of 2015 (supra) in favour of the Petitioner. Therefore, the Respondent No.1 wold grant cross examination of t....