Quashing Show-Cause Notice Due to Unexplained Delay: Upholding Fair Adjudication
X X X X Extracts X X X X
X X X X Extracts X X X X
.... with the challenge to a show-cause notice and adjudication order issued by the Respondent authorities on the grounds of inordinate and unexplained delay, violating the principles of natural justice. The core legal question presented is whether the delay in adjudication proceedings can be considered a violation of natural justice, warranting the quashing of the show-cause notice and adjudication o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eptember 2013, and several personal hearings were scheduled between October 2014 and May 2023, which the Petitioner attended except for two occasions. The Court considered the Respondents' explanation for the delay, which cited frequent changes in the adjudicating officers and the need to accommodate requests from co-noticees. However, the Court found this explanation unsatisfactory and concl....
X X X X Extracts X X X X
X X X X Extracts X X X X
....us prejudice to the Petitioner. Adopting the reasoning from its previous decisions, the Court quashed and set aside the impugned show-cause notice dated 28 March 2013 and restrained the Respondents from taking further steps or proceedings in furtherance of it. Doctrinal Analysis This case reinforces the legal principle that inordinate and unexplained delay in adjudication proceedings can be cons....
TaxTMI
TaxTMI