Customs, Excise and Gold Tribunal - Delhi
M/S. Onida Saka Ltd., M/S. Adonis (I) ... vs Cce, Indore on 4 May, 2001
Equivalent citations: 2001(76)ECC87
ORDER
C.N.B. Nair
1. All these stay applications are directed against the same order i.e.. Order-in-Original No.48/COMMR/CE/IND/2000 dated 22.12.2000 passed by the Commissioner of Central Excise and Customs, Indore.
2. When the application came up for hearing, ld. Counsel representing the applicant submitted that the Adjudication Order is required to be set aside as the same has been passed in violation of the principles of natural justice. He pointed out that the order has been passed without service of notice on applicants i.e. Ashok Chawla and Lokesh Khanna. They had left the service of the appellant manufacturer and despite their new addresses being made available to the Central Excise Authorities by the manufacturer/appellant, copies of notices had not been served on them, their reply obtained and hearing granted before passing of the adjudication order. In respect of the manufacturer also, the order has been passed without giving them effective opportunity to represent their case. The appellant had filed an interim reply dated 4.12.2000 which was handed over, because of Postal Strike, only on 27.12.2000. Even though this reply of the appellant has been mentioned in the impugned order it is clear from the date (22.12.2000) of the order that the same has been passed before the letter was handed over on 27.12.2000. Further, the order has been passed without taking into account the objections raised by the appellant in the letter dated 4.12.2000. The appellants were also not heard before passing of the order.
3. We have heard the learned D.R. also. It is clear that the impugned order has been passed without adhering to the principles of natural justice. Such an order cannot be upheld. It is necessary in the interest of justice that the case is re-adjudicated by the original authority after serving notice on all the parties, making available to them the materials relied upon against them and after giving them a reasonable opportunity for presenting their defence.
4. In view of the unsustainability of the present order, the case is remanded to the Commissioner, after setting aside the impugned order for a fresh adjudication. The stay applications and appeals are disposed of on these terms.