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2014 (10) TMI 117

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..... his writ petition is directed against the order dated 13-6-2012, on the file of the 2nd respondent whereby and whereunder the statutory appeal preferred by the petitioner was rejected by way of a non-speaking order. 2. According to the petitioner, the 1st respondent initiated proceedings under the pretext that the goods imported by the concern was not "re-rollable scrap" and as such the clai .....

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..... aken an appropriate view in determining levy of redemption fine and penalty which calls for no interference. The order does not contain any indication that the merits of the matter was considered by the 2nd respondent. 5. The authorities while exercising quasi-judicial functions must record reasons in support of their conclusion. It is not necessary to pass a lengthy order. In case, reasons .....

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..... espect of administrative orders Lord Denning M.R. in Breen v. Amalgamated Engineering Union, 1971 (1) All E.R. 1148, observed : "The giving of reasons is one of the fundamental of good administration". In Alexander Machinery (Dudley) Ltd. v. Crabtree, 1974 LCR 120, it was observed: "Failure to give reasons amounts to denial of justice". Reasons are live links between the mind of the decision taker .....

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..... he "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi- judicial performance." 7. In the result, the impugned order dated 13-6-2012 is set aside and the matter is remitted to the 2nd respondent for fresh consideration. The 2nd respondent is directed to consider the matter afresh on merits and as per law after giving an opportunity of hearing to the petitioner. .....

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