RIGHT TO A HEARING
The HIGH COURT OF JUDICATURE at BOMBAY, while deciding on 29/04/2009, the writ petition no. 2700 of 2009, in re : A.S. VASAN & SONS vs U.O.I. held as follows : -
QUOTE : We have heard the learned counsel for the parties. In the first instance, there can be no dispute that, the order rejecting application has visited the petitioner with civil consequences. In a case where an order whether it be administrative or quasi judicial, visits the party with civil consequences in absence of any statutory exclusion under the Regulations, there would be a right to a hearing. The right to hearing would include right to a person being heard in person if such a request is made. In the instant case, we may point out that the petitioner in representation dated 28/12/2007 had sought for hearing in the circumstances set out therein. Merely because the regulation expressly does not provide for a hearing, would not mean that the petitioner should not be given a hearing. This is all more so considering that the respondent no.3 has relied on the original order in the case of Unnikrishnan, thus, denying the petitioner a fair opportunity of explaining why the order in Unnikrishnan ought not to be considered. In our opinion, therefore, as no notice of hearing was given to the petitioners by the respondent no.3, the impugned order is liable to be set aside on that count alone. UNQUOTE.
[for full text of the judgement, please visit http://www.taxesinindia.com and click on the citation taxind_2009_hc_bom_wp_2700]
HIGH COURT JUDGEMENT
VENKATRAMAN RAGGHUPATHY, Web admin.
