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SAUMITRA DAYAL SINGH, SURENDRA SINGH I
Khanna Polyrib Private Limited – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Having heard Sri. Shubham Agrawal learned counsel for the petitioner, Sri. Nimai Das learned Additional Chief Standing Counsel for the State, it appears that due to inadvertence, show cause notice dated 29.8.2023 that was mandatory to be issued before any penalty may have been imposed, remained to be uploaded by way of attachment. Thus, the dashboard on the portal operated by the petitioner only disclosed reference number, issue date, due date to reply, requirement of personal hearing, section description under which notice was issued. It did not contain the notice that was necessary to be attached.
2. Owing to such inadvertent error, the right of the petitioner to object to the notice and his right to hearing was completely compromised. Unless the notice had been served on the petitioner with all its contents and annexures, if any, the petitioner may never have availed his opportunity to effectively object to the notice and participate in the personal hearing.
3. It is beyond doubt that the petitioner had a perfect right to object to the show cause notice and he had a near perfect right to personal hearing.
4. Perusal of the print out of the dashboard display clearly indic
Procedural fairness mandates that a complete show cause notice must be provided to a party before imposing penalties, ensuring their right to object and participate in hearings.
Natural justice mandates an adequate opportunity for hearings; failure to do so renders an order void.
The court emphasized the necessity of adhering to principles of natural justice, ruling that the failure to provide adequate time and opportunity for a hearing rendered the impugned order arbitrary.
An opportunity to be heard should be afforded after the noticee has filed a reply, and the noticee should be permitted to place their stand on record before being afforded a hearing.
Delay in adjudication of show cause notices is a violation of principles of natural justice.
Writ petitions against show cause notices are only entertained in cases of jurisdictional issues or violations of fundamental rights; otherwise, parties must respond to the notice and raise defenses.
The central legal point established in the judgment is the requirement of personal hearing and compliance with statutory provisions, emphasizing the principles of natural justice in adjudicative proc....
The court emphasized the principle of natural justice and the right to be heard, setting aside the impugned assessment order due to the denial of the petitioner's opportunity to respond to the show-c....
The court ruled that procedural fairness requires the opportunity to respond and be heard before any decision on a show cause notice.
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