JHA SHIPPING AGENCY Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) After having heard the Learned Counsel for the Appellant and after having gone through the impugned judgment and order the appeal is admitted on the following points:

(2.) After the appeal is admitted on this ground the Learned Counsel for the Respondent Mr. Maity submits that he has instruction to appear in this matter. He submits that the appeal itself may be heard out and he is waiving observance of all the formalities.

(3.) Upon hearing the Learned Counsel for the parties and having gone through the impugned judgment and order of the Learned Tribunal we notice that the appeal before us is taken up on the point of violation of principle of natural justice as the first authority while adjudicating the matter did not allow to cross-examine the persons whose evidence and/or statements were said to have been relied on. In spite of this point being taken it has come to our notice that the learned Tribunal has not dealt with on this aspect. According to us the Learned Tribunal should have scrupulously examined whether the deposition of the witnesses was relied on by the first authority while passing order of adjudication. At the outset the Appellant asked for cross-examination of those persons or even if it is not asked, whether the first authority offered to the Appellant for cross-examination of those persons ought to have been looked into. Unfortunately this was not done by the Learned Tribunal. According to us if the decision in the justice delivery system results in evil and civil consequences natural justice has to be followed. One of the facets of the natural justice is to afford to the adversary to cross-examine the person or persons whose testimony or statements were relied on in decision making process. This enquiry should have been made by the Learned Tribunal when a complaint was made in this respect. As we have already noted the learned Tribunal overlooked this aspect, on this ground alone this appeal succeeds and impugned judgment and order of the Learned Tribunal is set aside. We accordingly direct the Learned Tribunal to decide afresh firstly after making an enquiry whether statement and/or deposition of any person or persons was relied on by the first authority in decision making process, secondly, whether the Appellant was given a chance to cross-examine either on request or without any request. If these formalities are not complied with obviously the Learned Tribunal will comply with the formalities by itself allowing the Petitioner to cross-examine the person or persons on all points without being influenced and/or swayed by the impugned judgment and order. We desire this exercise should be completed within a period of three months from the date of communication of this order.