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2016 (3) TMI 163

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..... ng followed, order of both the authorities do not get approval of law. Therefore, the matter is liable to be send back to the Adjudication authority for settling the material facts examining the work order/contract document and testing any of such facts with evidence to apply law. - ST/00243/2012 - Final Order No. 41446/2015 - Dated:- 15-10-2015 - D N Panda, Member (J) And R K Singh, Member (T) .....

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..... examined the submission of the respondent and took decision. 5. It is pertinent to mention that order of quasi-judicial Adjudicating Authority should be based on material facts and tested by evidence to make application of law thereto. Such a process not being followed, order of both the authorities do not get approval of law. Therefore, the matter is liable to be send back to the Adjudication .....

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..... of receipt of this order and pray for fixing date of hearing. 9. While disposing this appeal, we notice that the Tribunal vide Final Order No.663/2009, dated 04.06.2009 has ordered for a thorough examination of the matter on the basis of documentary evidence. Despite such direction, there is a great departure by the Adjudicating authority in discharge of his duty. Therefore, while making re-ad .....

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