TMI Blog2017 (2) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... at where the order in original is vitiated due to procedural irregularities, then a writ petition is maintainable as an appeal may not be a remedy. The impugned order stands vitiated due to such procedural irregularity - petition allowed - decided in favor of petitioner. - W.P. No. 1662(W) of 2017 - - - Dated:- 14-2-2017 - Debangsu Basak, J. For the Petitioner : Shovendu Banerjee, Sandi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedural irregularities then, the remedy by way of an appeal is not sufficient. He relies upon 2015 (322) E.L.T. 462 (Cal) (Soumendu Saha Vs. Union of India) and submits that where a right of cross-examination is denied the decision itself is vitiated. Learned advocate for the Revenue submits that the petitioner has adopted dilatory tactics. He refers to various portions of the impugned order an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A party to the proceeding has a right to cross-examine the witness of the other party, more so, when the evidence of such witness is being relied upon by the party adducing the same. In the present case, the evidence given by the witness has been relied upon to find the petitioner guilty of infractions of the law. The petitioner had applied for cross-examination of such witnesses at the trial. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The authorities will hear and decide the proceedings afresh after affording the petitioner an opportunity of hearing. In view of the allegation that the petitioner is guilty of delay in the disposal of the proceedings, it is directed that the adjudicating authority will not grant any adjournment to the petitioner on any ground whatsoever. W.P. No. 1662(W) of 2017 is disposed of without any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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