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TMI Blog2023 (4) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... . (7105) For the Respondent(s) No. 1,2,3 : Mr Raj Tanna, Assistant Government Pleader ORAL ORDER (PER : HONOURABLE MR. JUSTICE DEVAN M. DESAI) 1. The petitioner, by way of this petition has sought direction of this Court for quashing and setting aside the show cause notice dated 26.8.2022 issued by respondent No.2 and further prayed for the staying of the implementation and ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tural justice has not been followed by the respondent authority by not giving of any opportunity of being heard. 3.1. It is further submitted by the learned advocate for the petitioner that the said show cause notice does not contain any reasoning and does not record any details any details and facts relating to the allegations. 3.2. Learned advocate for the petitioner has submitted that in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued giving explanation through email and registered post AD on 2.9.2022. Learned Assistant Government Pleader has further submitted that the petitioner though was given an opportunity, did not make any representation before the authority and they have directly approached this Court and challenged the show cause notice which may not be entertained by this Court. 5. On 26.8.2022, the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nable the competent authority to undertake the aforesaid exercise and pass fresh order, the impugned notice dated 28.6.2022 is hereby quashed and set aside. 7. It is clarified that this Court while passing this order on the limited issue has neither expressed any opinion on facts nor gone into the merits of the case of the either side. 8. The petition is allowed in the above terms and to the afo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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