2026 (5) TMI 1368

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....Mr. Kumar Sambhav and Mr. Karan Vyas, Advocates For the Respondents : Ms. Pratima N Lakra CGSC with Mr Shailendra Kumar Mishra, Adv. Mr. Anish Roy SSC CBIC. ORDER For the purpose of convenience, the facts in W.P.(C) 2630/2026 are taken and the parties are in agreement that the issues involved in the above cited petitions are similar and identical and as such, consented for deciding the sa....

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.... for the incumbent officer, Mr. Debjit Banerjee, to consider and pass the impugned order. 5. It is ex facie clear from the aforesaid that Mr. Sammer Kumar Jha, Additional Commissioner, granted the hearing, whereas upon his transfer, Mr. Debjit Banerjee, Additional Commissioner, passed the impugned order. 6. Such conduct, in our opinion, amounts to violation of principles of natural justice a....

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....e for an oral hearing. A personal hearing enables the authority concerned to watch the demeanour of the witnesses, etc. and also clear up his doubts during the course of the arguments. Moreover, it was also observed in Gullapalli21, if one person hears and other decides, then personal hearing becomes an empty formality. 84. In the present case, admittedly, the entire material had been col....

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....levant paragraph reads thus:- "15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdict....