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2011 (1) TMI 750

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..... wrote to the Superintendent (Prev.) vide their letter dated 3-7-2002 with a request for further inspection of the remaining 123 files - there was a specific direction to the department to supply the relied upon documents to the appellants and that order has attained finality and the authorities below are bound to act as per the directions of the order of this Tribunal in the earlier round of liti .....

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..... aring to the appellants . 3. It is apparent from the records that none of the parties have appealed against the Tribunal s order dated 2-11-2000 and the same has attained finality with a specific direction to both the parties and the adjudication took place. 4. In pursuant to the direction of the Tribunal s order in the earlier round of litigation, the appellants were allowed to inspect the re .....

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..... letter which re-produced hereunder :- Please refer to your letter No. NIL dated 19-6-2002 on the above subject. In this connection your attention is invited to your letter dated 13-2-2002 where you have completed xeroxing of 25 selected files from amongst the record available with this office. As required by you, you are further requested to inspect the remaining records lying with the depa .....

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..... y them and as were allowed by the Superintendent vide his letter dated 28-6-2002. As this Tribunal in the earlier round of litigation had specifically given a direction to supply the relied upon documents to the appellants, the same has not been met out. During the course of arguments, the ld. DR relied on the decision of the Hon ble Apex Court in the case of Kanwar Natwar Singh v. Director of Enf .....

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..... r of this Tribunal in the earlier round of litigation. 8. From the above discussion, we find that the lower authorities have not adjudicated the matter as per the directions of this Tribunal in the earlier round of litigation. Hence, by setting aside the impugned order, we are sending back the matter to the original adjudicating authority to adjudicate the matter as per the directions of this Tr .....

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