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2019 (7) TMI 1261 - MADRAS HIGH COURTValidity of order if not signed by the officer who has held personal hearing - Service of notice - grant of time in the SCN - Section 8(1)(c) of Foreign Trade Development Act - HELD THAT:- This Court is convinced that time granted, which is less than 48 hours, is too short and certainly does not qualify as reasonable time within the meaning of Section 8 of Foreign Trade Development Act, more particularly Section 8(1)(c) of Foreign Trade Development Act. The order-in original as served on the writ petitioner, shows that it has been signed by an Officer other than the one before whom the writ petitioner appeared for personal hearing, the records show that the order has, in fact, been passed by the same officer before whom the writ petitioner has appeared and the other officer has merely communicated the said order. - In any event, the order has to be signed by the Officer who has passed the order and in instant case, the order has been signed by an Officer who is not the one, who held the personal hearing . Therefore, with regard to the second point raised by the writ petitioner also, this Court is convinced that the same Officer, who held the personal hearing ought to have passed the impugned order and therefore, the impugned order is liable to be set aside on this ground also. This Court is of the considered view that it would serve the purpose to set aside the impugned order without expressing any opinion on merits and directing the second respondent to afford a fresh personal hearing, pass orders afresh after taking into account the response and records of the writ petitioner. This Court is informed that Joint Director General of Foreign Trade at Bangalore who will hold the personal hearing and hear the matter afresh is an Officer other than the Officer who issued the SCN dated 15.05.2019 (Shakuntala Naik) and the Officer who passed the order-inoriginal dated 17.05.2019 (Varun Singh) - Petition allowed by way of remand.
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