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2024 (5) TMI 43 - DELHI HIGH COURTViolation of principles of natural justice - impugned order does not take into consideration the request submitted by the Petitioner for extension of time - cryptic order - HELD THAT:- Section 75(5) of the Act stipulates that, if sufficient cause is shown, the proper officer shall adjourn the hearing, however, not more than three adjournments may be granted - Though in terms of Section 75(5) of the Act three adjournments maybe granted, it is not mandatory for the proper officer to grant three adjournments. Adjournment is not a right. Said provisions empowers the proper officer to grant upto three adjournments, if sufficient cause is shown. It would be dependent on the facts of each case whether sufficient cause has been shown or not for exercise of the discretion to adjourn. In the present case, it is noticed that the order is a cryptic order and a prayer is made on behalf of petitioner for one opportunity to file reply, accordingly the impugned order dated 19.12.2023 is set aside and the show cause notice is remitted to the proper officer for re-adjudication - Petitioner shall file a reply to the Show Cause Notice within a period of 30 days from today. Thereafter, the Proper Officer shall re-adjudicate the Show Cause Notice after giving an opportunity of personal hearing and shall pass a fresh speaking order in accordance with law within the period prescribed under Section 75(3) of the Act. Petition disposed off.
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