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2022 (2) TMI 1082 - HC - CustomsPrinciples of natural justice - It is the case of the petitioner that the Inquiry Officer neither furnished any documents nor granted any personal hearing - HELD THAT:- In this case, the record indicates that since 2009 when the regular inquiry was ordered by the Commissioner, hardly any steps are taken by the respondents to proceed with the regular inquiry ordered by the Commissioner. The petitioner had repeatedly called upon the respondents to produce the documents. Neither any documents were produced till 1st July, 2021 nor any regular date of hearing was conveyed to the petitioner except once. In these circumstances, the petitioner was not expected to preserve the evidence/record intact for such a long period of more than 11 years. We are not inclined to accept the submission made by the learned counsel for the respondents that there was no violation of principles of natural justice. In our view, the inaction on the part of the respondents in not adjudicating upon the show cause notice for a period of 11 years and proposing to pass an order would cause serious prejudice to the petitioner - there is no substance in the submission of the learned counsel for the respondents that no prejudice would be caused to the petitioner, if the inquiry is allowed to be proceeded with at this stage. In view of the gross delay on the part of the respondents, if at this stage the respondents are allowed to proceed with the inquiry, there would be gross injustice to the petitioner. Petition disposed off.
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