2022 (6) TMI 426

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....Mr. R.K. Sanghi, Advocate & Mr. Ashish Prasad, Advocate for the Appellant Mr. Rakesh Agarwal, Authorised Representative for the Respondent ORDER Anil Choudhary: Heard the parties. 2. Learned Counsel for the appellant mentions that it is recorded in para 3.5 of the impugned order-in-original, that the Adjudicating Authority/learned Commissioner called for a report from the Jurisdictional Range....

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....Having considered the rival submissions, we find that there is definitely lack of proper opportunity given to the appellant for hearing, as no further date was fixed in the matter after receipt of the report of the Range officer, nor a copy of the report of the Range officer was given to the appellant asking for the reply or comments. 5. Accordingly, we allow this appeal by way of remand and set ....