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2019 (12) TMI 81 - KARNATAKA HIGH COURTOpportunity of personal hearing - confusion in the date and time - violation of principles of natural justice - Ex-parte order passed u/s 201(1) & 201(1A) - As contended that the said notice was received by the petitioner on 23.03.2019 at 3 p.m. and reference to the same is found in e-mail addressed by the petitioner to the Department on 23.03.2019 - as submitted that the appearance on 22.03.2019 as stipulated under Annexure-A was not possible - HELD THAT:- In light of the hearing itself being fixed on 22.03.2019 and petitioner himself receiving the notice on 23.03.2019 and also taking note of the said e-mail which was sent to the petitioner on 23.03.2019, the facts would make out a case that no sufficient opportunity for the petitioner to show cause as regards to the notice at Annexure-A, was afforded. Learned counsel appearing for the petitioner also submits that in light of the contradictory communication, there was confusion also as regards the date fixed, it is submitted that the said submission is made without prejudice to the other contentions raised. The facts as narrated above make out of a case of affording fresh opportunity to the petitioner and there after passing an order under Section 201(1) & 201(1A). In light of violation of principles of natural justice, the order at Annexure-‘D’ is set aside with a direction to pass fresh order after affording an opportunity of hearing to the petitioner. Petitioner to submit necessary reply to the show cause notice at Annexure-A within a period of one week from the date of receipt of certified copy and avail of opportunity from the authority within a week thereafter.
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