issued the
order for reopening the enquiry proceeding in the interest of justice.
11. The enquiry proceeding was reopened against the petitioner.
The Enquiry Officer ... natural justice and perversity of the Enquiry Officer's
findings. The enquiry proceeding was reopened in terms of the
Competent Authority's order
filed Writ Petition No. 9353 (M/B) of 2012, challenging reopening of vigilance enquiry against him, on the basis of a complaint filed ... Initially, the Government closed the vigilance enquiry in the year 2006. However, the vigilance enquiry was reopened in the year 2010 and the petitioner
First
Appellate Authority i.e. CIT (A) on the grounds that:
I. Reopening the assessment order passed ... Assessment Year: 2008-09
VI. Since, the AO has conducted fishing enquiry reopening of the case bad in
law.
VII. Transfer Pricing disallowance
domestic enquiry also to be re-
appreciated. In the domestic enquiry, the opposite
party had requested to reopen the case and permit
to participate ... also the Enquiry Officer had not allowed the
application to reopen the domestic enquiry.
Therefore when the opportunities sought for by the
opposite party workman
Disciplinary Authority on 31.3.1984 on basis of an ex parte enquiry report, while at that time, petitioner was working in the pay scale ... technical ground, and liberty was given to the Disciplinary Authority to reopen the enquiry from the stage of service of memo of charge and submission
Counsel, the AO without application of
mind has proceeded to reopen the assessment only on the basis of a general report given by
the Directorate ... assessment was reopened by the Assessing Officer on the basis of suspicion and in
order to make fishing and roaming enquiries, which, in my opinion
that the petitioner did not ask for reopening of the enquiry,
rather it was his case that required documents were not furnished in time,
despite ... disputed that the petitioner did not seek for reopening of
the enquiry and even assuming that the right of the petitioner is deprived
enquiry, but it was very
well before the drawal of his tentative decision sent to the petitioner on
11.02.2013. The Enquiry officer should have dealt ... enclosures sent by her along with the defencen statement by
reopening the enquiry or as they are. But, he failed to do so even though
Enquiry Officer, initiated the enquiry, but on
account of his superannuation, he was replaced by Shri. George Thomas
who concluded the enquiry and submitted ... joined duty on 16th
September, 1996. The enquiry proceedings were reopened and a copy of the
enquiry report was furnished to the Petitioner. He submitted
caused to the
stores. Domestic enquiry was conducted by an Advocate and the
enquiry officer did not conduct the enquiry in a fair and just ... would contend that
the enquiry officer had also not stated what was written in the
enquiry proceedings and the enquiry was conducted only to favour