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2019 (1) TMI 2026 - SC - Indian LawsCancellation/withdrawal of permission granted to the Appellant (for operating as Multi System Operator (MSO) in the Digital Addressable System (DAS) notified areas) - HELD THAT:- The impugned order of cancellation was passed in conformity with the requirements of Rule 11C of the Rules and hence it was rightly upheld by the High Court in impugned order. It is clear from mere reading of the Rule 11C(1) that grant of permission is subject to issue of security clearance from the Central Government to the applicant (Appellant in this case) - In this case, admittedly the Appellant failed to obtain the security clearance as provided Under Rule 11C of the Rules. It was a mandatory requirement as provided Under Rule 11C of the Rules. Since the grant of permission was subject to obtaining of the security clearance from the concerned Ministry, the competent authority was justified in cancelling the conditional permission for want of security clearance. Having perused the note filed by the Union of India, which resulted in cancellation of permission, it is opined that in the facts of this case, the Appellant was not entitled to claim any prior notice before passing of the cancellation order in question. The principles of natural justice were not violated in this case in the light of the law laid down by this Court in the case of Ex-Armymen's Protection Services Private Limited [2014 (2) TMI 1422 - SUPREME COURT] inasmuch as the Appellant was not entitled to claim any prior notice before cancellation of permission. The appeal is found to be devoid of any merit. It is accordingly dismissed.
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