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Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002

6. On the basis of the facts as present and mentioned hereinabove, it is a clear case of violation of principles of natural justice by respondent No.3. Hence, the present case has to be deemed as a case of exception to the rule of alternative remedy as held by Hon'ble the Supreme Court in the case of Harbanslal Sahnia and another Vs. Indian Oil Corpn. Ltd. and others (supra) and also in the case of Magadh Sagar & Energy Ltd. Vs. State of Bihar and others (supra). Therefore, I am of this view that the impugned order is not sustainable. Accordingly, this petition is allowed and the impugned order passed by respondent No.3 is quashed. Respondent No.3 shall be however at liberty to proceed against the petitioner in accordance with law and by following the principles of natural justice on the basis of complaint present against the petitioner. With these observations the petition is disposed off.
Supreme Court of India Cites 1 - Cited by 1488 - R C Lahoti - Full Document

M/S. Magadh Sugar And Energy Ltd. vs The State Of Bihar on 24 September, 2021

6. On the basis of the facts as present and mentioned hereinabove, it is a clear case of violation of principles of natural justice by respondent No.3. Hence, the present case has to be deemed as a case of exception to the rule of alternative remedy as held by Hon'ble the Supreme Court in the case of Harbanslal Sahnia and another Vs. Indian Oil Corpn. Ltd. and others (supra) and also in the case of Magadh Sagar & Energy Ltd. Vs. State of Bihar and others (supra). Therefore, I am of this view that the impugned order is not sustainable. Accordingly, this petition is allowed and the impugned order passed by respondent No.3 is quashed. Respondent No.3 shall be however at liberty to proceed against the petitioner in accordance with law and by following the principles of natural justice on the basis of complaint present against the petitioner. With these observations the petition is disposed off.
Supreme Court of India Cites 22 - Cited by 89 - D Y Chandrachud - Full Document
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