2018 (5) TMI 1897

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..... pugned order at paragraph 28.3 records that, the request for cross-examination of one witness was denied. No reason is given in the impugned order as to why such request for cross-examination was denied. On the ground of no reason itself, the impugned order stands vitiated. Moreover, a party in an adjudicating process is entitled to a right of cross-examination immediately upon the other party pro .....

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..... es not intervene when a statutory alternative remedy is available. However, the existence of statutory alternative remedy is not an absolute bar to the maintainability of the writ petition. A writ petition is maintainable, in the event, the petitioner substantiates that, the impugned order has been passed in breach of the principles of natural justice or in excess of jurisdiction or fundamental ri .....

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..... er stands vitiated by reason of breach of principles of natural justice. The impugned order dated October 31, 2017 is set aside. This order will not prevent the authorities from completing the adjudicating process in accordance with law. Needless to say that, where witnesses are adduced by one party in the adjudicating process, the opposite party will have a right of cross exam .....

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