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2022 (2) TMI 371 - CALCUTTA HIGH COURTViolation of principle of natural justice - effective opportunity of personal hearing not provided to the petitioner in spite of request for personal hearing - no opportunity was given to the petitioner to cross-examine the person concerned - no legible copies of some of the documents upon which respondent concerned wanted to rely, were provided to the petitioner in spite of its request - HELD THAT:- There is a gross violation of principle of natural justice in the case of the petitioner in course of impugned adjudication proceedings and at the time of passing the impugned adjudication order and keeping this writ petition pending and calling for affidavit from the respondents will be a futile exercise and this writ petition is disposed off by setting aside the impugned adjudication order dated 21st September, 2021 being Annexure P-9 to the writ petition on the ground of violation of principle of natural justice alone. Matter remanded back to the officer concerned to reconsider the case of the petitioner and pass a fresh adjudication order after giving effective opportunity of hearing to the petitioner or its authorised representative after supplying the eligible copies of the relevant documents upon which the respondent concerned wants to rely and also shall allow the petitioner to cross-examine the witnesses upon whose statement the respondent concerned wants to rely in the impugned adjudication proceedings - petition allowed by way of remand.
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