2021 (9) TMI 824

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....ition has been preferred seeking the following reliefs:- "i) Issue writ of certiorari quashing show cause notice dated 02.06.2021 ; ii) direct the respondent to grant personal hearing to the petitioner in pre- show cause consultation dated 02.06.2021 iii) restrain the respondent from proceeding with the impugned show cause notice dated 02.06.2021, during the pendency of the present writ petition. iv) pass such or similar order as deem fit in the peculiar facts and circumstances of the case. It is further prayed the operation of impugned show cause notice may kindly be stayed during the pendency of present civil writ petition before this Hon'ble Court in the interest of justice." 2. Petitioner herei....

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....ultation letter dated 01.06.2021 was received by the Petitioner on 10.06.2021 and hence, the Petitioner was not in a position to appear before the Respondent and/or file his written submissions. The entire exercise was only an empty formality as it was well known to the Respondent that a notice dispatched through a registered post on 01.06.2021 shall not be received by the Petitioner by 02.06.2021 and, therefore, there is complete violation of principles of natural justice. Since the Petitioner was not given adequate opportunity to appear for a personal hearing on 02.06.2021, the issuance of Show-Cause Notice is bad in law and deserves to be quashed. 5. Notice was issued to the Respondent and time was sought by the learned counsel to tak....

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....that the notice could be served on the Petitioner for appearance of its representative for personal hearing to put-forth the case on behalf of the Petitioner. One wonders if a similar treatment were being meted out to the Respondent, i.e. notice is issued by the Court returnable on the next day, whether the officials of Department would be in a position to appear and defend the case, assuming that the notice is served. 7. On the last date of hearing, learned Additional Solicitor General had sought time to take instructions in the matter considering the above facts. Mr. Chetan Sharma, learned Additional Solicitor General, on instructions, submits that the Respondent shall grant personal hearing to the Petitioner pursuant to the pre-notice....