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2019 (9) TMI 1630 - CALCUTTA HIGH COURTViolation of principles of natural justice - petitioner was denied an opportunity of hearing by the Identification Committee - Wilful Defaulter - HELD THAT:- In the facts of the present case, a Deputy General Manager issued the impugned show-cause notice dated May 25, 2016. The impugned show-cause notice does not have the decision of the Identification Committee in its entirety. Materials placed before the Identification Committee by the Bank do not find place in the impugned show-cause notice. The impugned show-cause notice is the understanding of the another of the show-cause notice of the decision of the Identification Committee. Such understanding cannot substitute the decision of the Identification Committee in its original form nor the materials placed by the Bank before the Identification Committee on which basis the Identification Committee arrived at its decision. The petitioners were therefore deprived of the materials, which were before the Identification Committee and which the Identification Committee considered to recommend providing under the Master Circular on Wilful Defaulters dated July 1, 2015 against the delinquent. The petitioners, therefore, were denied an opportunity to meet the claim of the Bank in the proceeding. The impugned action of the Bank taken under the Master Circular on Wilful Defaulters dated July 1, 2015 cannot be sustained - Petition allowed.
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