2010 (10) TMI 660 - SUPREME COURT

Cancellation of registration as an Exporter - Defective cargo - Rule 43 of the MPEDA Rules - whether the respondents in cancelling the registration certificate of the appellant acted fairly and in compliance with principles of natural justice and also whether the respondents acted with an open mind. - Held that: - The principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi judicial proceeding if such a proceeding has to inspire confidence in the mind of those who are subject to it - The appellant gave a reply to the show cause notice but in the order of the third respondent by which registration certificate of the appellant was cancelled, no reference was made to the reply of the appellant, except saying that it is not satisfactory - if the authorities are so inclined, they can proceed from the stage of show cause notice afresh but strictly in accordance with law and following the fair procedure indicated in this judgment - Appeal is allowed