Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Adjudicating Authority Must Clearly Communicate Alleged Violations and Reasons, Ensuring Fair Process Without Delaying Justice.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The adjudicating authority is bound to explain the alleged contraventions to the person proceeded against or their legal representatives. Rule 4(4) mandates communicating the formation of opinion and reasons to the person or their legal representative. Rule 4(3) cannot be construed as violating natural justice or contravening any law when read with Rule 4(4), which requires providing all information along with the provisions. Rule 4(3) and Rule 4(4) should be read constructively to ensure fair opportunity. The High Court cannot expand the scope of rules/procedures under judicial review. The procedures must be followed, and persons concerned must cooperate and defend their case as per the rules. The practice of prolonging proceedings by appr.........