2024 (11) TMI 1633

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.... Dr. SUVENDU KUMAR PATI, MEMBER (JUDICIAL) AND HON'BLE MR. ANIL.G.SHAKKARWAR, MEMBER (TECHNICAL) For the Appellant : Shri Suyog Bhave, Advocate For the Respondent : Shri Aditya Pratap Singh Parihar, Superintendent, Authorized Representative ORDER We have heard on the early hearing application from both the sides. 2. Learned Counsel for the appellant submits that without passing ....

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....submits that issue has been squarely settled that such production of the copy of Board Resolution is not a mandatory requirement to hear the appeal once it is admitted and the appellants were noticed to participate in the said hearing process. He further submits that since order is not passed on merit, the appeal is required to be remanded back to the Commissioner for a De novo hearing and therefo....

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....ent in the Appeal Rules and if at all, the same is a condition precedent for continuance proceedings before the Respondent department, then it should have been taken up as a preliminary issue at the adjudication stage itself or in the worst scenario before the Commissioner (Appeals) who should not have admitted the appeal for hearing and noticed to the parties. We have come across a series of orde....

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....imself from passing such kind of orders otherwise parties may even get the temptation to ask for his UPSC exam pass certificate and his appointment letter as Commissioner (Appeals), if at all issued by the Department. 4. With the above observations, we allow the early hearing application and taking consent of both the sides, we also allow the appeal by way of remand to the Commissioner (Appeals....