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TMI Blog2016 (3) TMI 1416X X X X Extracts X X X X X X X X Extracts X X X X ..... ocate for the petitioners and Ms. Trusha Patel, learned Central Government counsel for respondents no.1, 2 and 3. 2. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs "13. (A) Your Lordships may be pleased to issue a writ of mandamus and/or a writ in the nature of mandamus or a writ of certiorari and/or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the notice to show cause dated 24.04.2015 provisional attachment order dated 27.03.2015 as well as the impugned complaint dated 21.04.2015 as well as the order dated 23.06.2015 passed by the Respondent no. 3 adjudicating authority; (B) Your Lordships m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.453/2015 including show cause notice dated 24.4.2015, pending before the respondent No.3 adjudicating authority; (D) Pending admission, hearing and final disposal of present petition, Your Lordships may be pleased to direct, by way of interim relief that the Respondent no. 3 may not proceed with the further hearing of the complaint OC no. 453/2015 till (i) the respondent no. 3 adjudicating authority is properly constituted in accordance with the provisions of the PML Act, (ii) the entire material collected during the course of investigation is provided to the petitioners (iii) the cross examination of the concerned officers/parties as prayed for by the Petitioners is granted; (E) Your Lordships may be pleased to grant ad interi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering the submission that the Adjudicating Authority is not duly constituted under subsection (2) of Section 6 of the Act and it has been functioning with only one Executive Member, therefore suffering from infirmity of coram non judice, further considering the fact that similar contention about constitution of Adjudicating Authority was raised in Special Civil Application No.13949 of 2014 and entertained for notice, let there be Notice in this matter, returnable on 09th July, 2015. 4. Till the next date the Adjudicating Authority is directed not to pass any orders and shall adjourn the proceedings. 5. Direct service is permitted." Further, on 17.12.2015, this Court had passed the following order "At the joint request of learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia has also appointed Shri Devendra Singhai, Retd. IAS as Member from the field of administration in the Adjudicating Authority. Annexed here to and marked Annexure: A1 (colly) are copies of the respective orders dated 07.01.2016 issued from F.No. A12026/ 1/2013SO (ES Cell) and F.No.A12026/ 2/2015SO (ES Cell) by the Department of Revenue, Ministry of Finance." 5. Mr.Kamal B. Trivedi, learned senior advocate appearing for the petitioners submitted that in view of the said statement, the proceedings which are pending before the adjudicating authority be directed to be in accordance with law. However, Mr.Trivedi, learned senior counsel, has drawn the attention of this court to the prayers which are prayed in para 13(B) of the petition. 6. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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