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2018 (10) TMI 706

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..... Pathyil, Central Government Standing Counsel ORDER Mr.Rajnish Pathyil, learned Central Government Standing Counsel takes notice for the respondents and by consent of parties, this writ petition is taken up for final disposal at the admission stage itself. 2. The petitioner is aggrieved against the order in original dated 28.08.2018 passed by the second respondent, wherein and whereby, the dema .....

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..... is Court is convinced to entertain this writ petition and interfere with the impugned order only on the ground that the same came to be passed in violation of the principles of natural justice as discussed hereunder. 5. The learned counsel for the petitioner contended that though the petitioner has specifically sought for personal hearing through their reply dated 02.08.2018 and such reply was al .....

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..... heir reply dated 02.08.2018. 7. There is no dispute to the fact that the petitioner while making their reply dated 02.08.2018, has specifically sought for personal hearing. It is also not in dispute that the Adjudicating Authority received such reply and dealt with the same in the impugned order. However, the fact remains that before passing the impugned order, the Adjudicating Authority has not .....

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..... nal hearing to the petitioner. It is made clear that this Court is not expressing any view on the merits of the matter, as it is for the second respondent to consider the decide. 9. Accordingly, this writ petition is allowed and the impugned order is set aside. Consequently, the matter is remitted back to the second respondent for passing fresh orders on merits and in accordance with law, after g .....

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