2006 (5) TMI 339

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..... he Respondent. [Order per  : C.N.B. Nair, Member (T)]. -  Heard both sides and perused record. 2. This dispute had come before the Tribunal earlier and we had remanded the matter to the Commissioner for a fresh decision. We may read that direction : " 5. We have heard the rival submissions. We note in the instant case that the consumption of 402 units arrived at by the lear .....

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..... It is also being pointed out that the Commissioner has held that the original electricity consumption of 402 units per M.T. of ingots produced arrived at was the correct norm. The contention of the learned counsel  for the appellant is that the impugned order is required to be set aside for the reason that it is not in conformity with the directions contained in the remand order. 4. On .....

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..... t open to the Commissioner at all. If the directions contained in the remand order were impractical, the course available to him was to file an appeal against the said order, and not to defy the same in the remand proceedings. The action of the Commissioner is a clear violation of judicial discipline. An order passed in such a manner cannot be allowed to stand. 5. In view of what is stated a .....

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