TMI Blog2013 (10) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... rishna Prasad, Advocates, for the Petitioner. Shri C.A. Sundram, Sr. Advocate with Alok Yadav, Amar Pratap Singh, M.P. Devanath, Rudreshwar Singh, Tapesh K. Singh, Zafar Inayat and Tapesh Kumar Singh, Advocates, for the Respondent. ORDER Delay condoned. 2. Leave granted. 3. This appeal, by special leave, is directed against the judgment and order passed by the High Court of Judicature of Bombay in Writ Petition No. 1718 of 2003, dated 23-2-2011. By the impugned judgment and order, the High Court has set aside the order passed by the Development Commissioner, (Appellant No. 2), dated 4-6-2003. 4. The facts in brief are as follows : - The Respondent No. 1 - M/s. Hanil Era Textiles Ltd. is a 100% export oriented unit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 4-6-2003. 6. Being aggrieved by the order passed by the High Court, the appellants are before us in this appeal. 7. Shri P.P. Malhotra, learned Additional Solicitor General appearing for the appellant would contend that the High Court was not justified in holding that the Development Commissioner could not have reviewed its earlier order since the power to review lies with the Ministry of Commerce and Industry. 8. Per Contra, Shri C.A. Sundram, learned senior counsel appearing for the respondents would submit that at present he would not intend to go into the question as to whether the Development Commissioner has the power to review or not. The learned counsel would only submit that before passing an order of review the authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e opportunity of presenting his case and if the administrative authority have acted fairly, impartially and reasonably. In the instant case, no show cause notice has been issued to the respondent before the review order was passed by the Development Commissioner which had put the Respondent No. 1 at a disadvantage by not allowing them to defend themselves. The aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice and therefore, this doctrine is the most paramount doctrine that goes to the root of all laws and to the concept of justice. The order passed by the Development Commissioner is in contravention to the principles of natural justice and is therefore cannot be sustained. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
