TMI Blog2018 (7) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... mains inconclusive and that, such exercise did not bring forth any materials in support of the case of the authorities. It is for the adjudicating authority envisaged under Section 16 of the Act of 1999 to arrive at such a finding. The petitioners have replied to the impugned show cause notice. It has dealt with the show cause notice in detail. Therefore, it would be premature on my part to arrive at a finding that, the petitioners are not aware of the charges made against it. In any event, it would be open for the petitioners to contend such ground before the adjudicating authority. - W. P. No. 30891 (W) of 2017 - - - Dated:- 19-6-2018 - Debangsu Basak, J. Mr. Anirban Ray, Mr. Anil Dhar, Mr. Pranit Bag, Mr. Buddhadeb Ghosh for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposal of the show cause notice dated July 6, 2015. According to the petitioners, such fact was accepted on behalf of the respondents and that, the same will, inter alia, appear from the queries raised by the respondents as contained in the writing dated January 20, 2016. Learned Advocate for the petitioners refers to the subsequent correspondence exchanged between the parties and submits that, in any view of the matter, it cannot be contended that, the show cause notice dated July 6, 2015 stood disposed of. Consequently, the authorities could not issue the impugned show cause notice dated November 1, 2017. Moreover, according to him, no ground exists in the show-cause notice issued. The impugned show cause notice is bereft of any materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority to hold an enquiry with regard to a complaint received. The complaint is of contravention of Section 13 of the Act of 1999. It is for the department to establish before the adjudicating authority that, the petitioners as the delinquents, in such proceedings, is guilty of contraventions of Section 13 of the Act of 1999. The records disclose that, the petitioners had replied to the impugned show cause notice by a writing dated December 4, 2017. The records of the present case disclose that, the authorities had invoked Section 37 of the Act of 1999 and issued a show cause notice dated July 6, 2015. Such show cause notice had received the consideration of the High Court in the first writ petition filed by the writ petitioners. By the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such provisions assuming that, the exercise of powers under Section 37 of the Act of 1999 remains inconclusive and that, such exercise did not bring forth any materials in support of the case of the authorities. It is for the adjudicating authority envisaged under Section 16 of the Act of 1999 to arrive at such a finding. The petitioners have replied to the impugned show cause notice. It has dealt with the show cause notice in detail. Therefore, it would be premature on my part to arrive at a finding that, the petitioners are not aware of the charges made against it. In any event, it would be open for the petitioners to contend such ground before the adjudicating authority. In such circumstances, I am not minded to interfere any furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
