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2017 (5) TMI 1195 - HC - Central ExciseMaintainability of petition - alternative remedy available u/s 35-B of CEA Act, 1944 - principles of natural justice - Held that: - the Commissioner, while passing the adjudicating order impugned, acted in flagrant violation of principles of natural justice by refusing to cross examine the witnesses and that resulted into an order absolutely arbitrary. The violation of principles of natural justice is so apparent that the same is not even required to be established by adducing evidence. The doctrine of alternative remedy is not a rule of law but a policy and self-restraint and that can very well be waived in certain eventualities including the violation of principles of natural justice, however, it is not necessary that wherever and whenever such eventuality exists, the writ Court must entertain a petition for writ - we are having no hesitation in holding that an efficacious alternative remedy is available to the petitioners and no reason exists to entertain these petitions for writ without exhausting the same. Petition dismissed - the petitioners are having an effective alternative remedy - decided against petitioner.
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