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1976 (5) TMI 96 - SC - Indian LawsWhether the appellant was given a reasonable opportunity to lead evidence? Held that:- There is no affidavit before us that any particular points argued before the Division Bench had not been referred to or dealt with by the Bench. Moreover, the Division Bench had probably not dealt with all arguments on questions of fact because it did not consider it necessary to do so. After all, it was not hearing an appeal against the findings of the departmental authorities. It pointed this out. Furthermore, after hearing the arguments of the learned Counsel for the appellant, we are ourselves unable to see any point which could be raised on behalf of the appellant capable of vitiating the departmental proceedings. Unless such a point could be raised, there could be no declaration that the departmental proceedings were null and void. There is also an application before us for revocation of grant of special leave to appeal by this Court on the ground that some material facts were suppressed or misrepresented for the purpose of obtaining special leave. Although the special leave petition does not state that all the points sought to be raised by it were not argued before the Division Bench, this is not enough to merit cancellation of the special leave to appeal which was granted by this Court. At the time of grant of special leave, the order refusing grant of certificate of fitness of the case for appeal to this Court must have been before this Court. We are unable now to see the point on which special leave was granted. But, that too would not, by itself, merit a revocation of special leave at this stage after hearing arguments. Appeal dismissed.
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