The order under challenge is set aside and the matter is remanded back to the authority
Principal of natural justice— In the instant case, it is stated that he notice, dated 06.11.2019, was sent by e-mail to the petitioner on 07.11.2019 at 12:59 P.M. and as such, the petitioner ought to have filed objections and represent his case on 13.11.2019. In the absence of the same, it is urged that the request of the petitioner for setting aside the order impugned on the ground that no opportunity was given to him cannot be accepted.
Held that— the argument of the learned counsel for the petitioner that deciding the matter without hearing the petitioner amounts to violation of principles of natural justice, cannot be brushed aside. Even assuming that the notice was sent by e-mail, we feel that the petitioner should have been given some more time so as to enable him to engage a counsel, who can present his case well before the concerned authority, more so, having regard to the background in which he is placed. Hence, the order under challenge is set aside and the matter is remanded back to the authority with a direction that the same shall be decided on or before 15.12.2020 after hearing the petitioner.
The order under challenge is set aside and the matter is remanded back to the authority
Principal of natural justice— In the instant case, it is stated that he notice, dated 06.11.2019, was sent by e-mail to the petitioner on 07.11.2019 at 12:59 P.M. and as such, the petitioner ought to have filed objections and represent his case on 13.11.2019. In the absence of the same, it is urged that the request of the petitioner for setting aside the order impugned on the ground that no opportunity was given to him cannot be accepted.
Held that— the argument of the learned counsel for the petitioner that deciding the matter without hearing the petitioner amounts to violation of principles of natural justice, cannot be brushed aside. Even assuming that the notice was sent by e-mail, we feel that the petitioner should have been given some more time so as to enable him to engage a counsel, who can present his case well before the concerned authority, more so, having regard to the background in which he is placed. Hence, the order under challenge is set aside and the matter is remanded back to the authority with a direction that the same shall be decided on or before 15.12.2020 after hearing the petitioner.