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2019 (10) TMI 321 - CALCUTTA HIGH COURTPrinciples of natural justice - ex-parte order - appellant submits that since the notices were not received by his client, they were not aware of and could not participate in it - HELD THAT:- A salutary constitutional principle is that a person should be heard before he is condemned. The underlying legal principle is that a person should be given an opportunity to defend himself. Here, there is substantial evidence to suggest that the appellant may not have been aware of the date of personal hearing. The appellant had suffered an ex parte order making it liable to pay a huge amount in the shape of duty, interest and penalty. The learned judge made an error in not appreciating this position and in rejecting this point made by the applicant. Furthermore, the learned judge, while relegating the appellant to an alternative remedy, had rejected the argument that the said order of the Commissioner had been passed without giving the appellant an opportunity of being heard. This immediately meant that the adjudication order passed without hearing the writ petitioner was held to be not violative of the principles of natural justice - This substantially impairs the rights of the appellant. It is rendered ineligible to establish their rights before the lowest adjudication authority. Furthermore, this point was closed before the appellate authority. The court while relegating a party to the alternative remedy should keep all points open before that authority. The Commissioner is directed to re-hear the show cause notice upon giving the appellant an opportunity of hearing by a reasoned order within four months of communication of this order - impugned order set aside.
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