TMI Blog2018 (1) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... n the court on 7th December, 2017 and recently in the form of CD-ROM. Hard copy has also been furnished to the petitioner. The Inquiry Report dated 14th November, 2017 is quashed - A fresh inquiry would be held by the Inquiry Officer in terms of the the Regulations without being influenced by the earlier Inquiry Report - matter on remand. - W.P.(C) 10181/2017 & W.P.(C) 11474/2017 - - - Dated:- 4-1-2018 - MR. SANJIV KHANNA MR. CHANDER SHEKHAR JJ. Petitioner Mr. Priyadarshi Manish and Ms. Anjali Manish, Advocates. Respondent Through Mr. Sanjeev Narula, Sr. Standing Counsel and Mr. Abhishek Ghai, Advocate for the Customs. SANJIV KHANNA, J. (ORAL) Counsel for the respondents prays and is granted permission to file cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation 22 read with Regulation 20 of the aforesaid Regulations. 6. The Inquiry Officer appointed vide letter dated 11th September, 2017, informed the petitioner about his appointment and that the matter had been fixed on 5th October, 2017 or 6th October, 2017 or 3rd November, 2017 at about 11.30 hours. The petitioner or his authorized representative was required to appear on the stipulated date and time along with written submissions, if any. In case of non-appearance, inquiry report would be prepared on the basis of material available on record without further reference. 7. In response to this notice, the petitioner wrote letter dated 15th September, 2017, stating that the show cause notice was unclear about the documentary evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence/reply and appear for personal hearing on 13th November, 2017. 10. As per the petitioner, the letter dated 6th October, 2017, was posted on 7th November, 2017 and was received by them on 8th November, 2017. Annexures have been filed in support. The aforesaid factual position is not disputed by the respondents. No explanation as to why there was a delay of more than one month in posting the letter after it was signed on 3rd October, 2017 and bears the date 06.10.2017 . It may be pertinent to mention that this letter refers to the personal hearing before the Inquiry Officer on 5th October, 2017 and therefore was possibly signed after 5th October, 2017. This Lapse may require administrative action, which is for the authorities to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made allegation that this report has been back dated. However, we need not go into this aspect in detail in the present writ petitions, for there are other grounds and reasons to allow the present writ petitions. 16. The order dated 11th December, 2017 passed in W.P. (C) No. 10181/2017 records the statement and assertion of the petitioner that they had not been furnished copy of the statements made by the proprietors of Jagson Trading Company and Chaman Lal Sons referred to in paragraph 29 of the Inquiry Report. Similarly, statements made by Rajesh Chhabra (incorrectly recorded as Rajesh Chadha ) had not been furnished. 17. The respondents in the counter affidavit have stated that as far as the relied upon documents are concerned, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iry Report dated 14th November, 2017. A fresh inquiry would be held by the Inquiry Officer in terms of the the Regulations without being influenced by the earlier Inquiry Report. The petitioner or his authorized representative would appear before the Inquiry Officer on 16th January, 2018 at 11.30 a.m. for the said purpose. It will be open to the Inquiry Officer to fix further date(s) as and when, required or necessary. Inquiry report would be submitted by 15th March, 2018. It is clarified that we have not commented on merit or on the petitioner s claim for right to cross-examination. This is an aspect which will be considered and examined by the Inquiry Officer/authorities. 20. The writ petitions are disposed of. In the facts of the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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