TMI Blog2020 (9) TMI 596X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. It is admitted in the counter affidavit itself that verification exercise was undertaken - the contention of the learned Standing Counsel cannot be agreed with, that the verification exercise undertaken by the third respondent is an integral part of the adjudication process. It cannot be. The first respondent is an independent adjudicating authority. He cannot delegate his adjudicating power to any one. It is true that the decision of the Honourable Division Bench appears to in favour of the Department. But then, in that case, demand for supply of relied-on documents was made at the show cause notice stage itself. The case on hand is having a different flavour. The Scrutiny report was prepared after the submission of interim r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand that certain documents are to be provided by the respondents so that they could submit a consolidated reply to the show cause notice. Though the petitioner contends that the first respondent had directed them to go before the third respondent and place all the relevant materials, the learned Standing Counsel denies the same. But the third respondent had undertaken a verification exercise and also prepared a Scrutiny Report/Verification Report. The petitioner requested the first respondent to furnish them with a copy of the Scrutiny Report prepared by the third respondent, so that they can submit their final reply and also take part in the personal hearing. The first respondent however decided that the petitioner is not entitled to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tself that verification exercise was undertaken. I posed a specific question to the learned Standing Counsel as to whether there is such a report and whether the first respondent proposes to rely on the same. The answer is in the affirmative. I cannot agree with the contention of the learned Standing Counsel that the verification exercise undertaken by the third respondent is an integral part of the adjudication process. It cannot be. The first respondent is an independent adjudicating authority. He cannot delegate his adjudicating power to any one. It is true that the decision of the Honourable Division Bench appears to in favour of the Department. But then, in that case, demand for supply of relied-on documents was made at the show cau ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
