KAMAL PRASAD AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT The Court: In the writ petition the petitioner has challenged the orders both dated 22nd December, 2006 passed by the Zonal Joint Director General of Foreign Trade on several grounds. The principal grounds are that the principles of natural justice had been violated in passing the impugned order since the complaint received from the Commissioner of Customs (Preventive), Kolkata which formed the basis of the impugned order was not furnished and the orders do not spell out the reasons for imposing penalty. In order to appreciate the issue it is necessary to set out the relevant portion of one of the orders which is as under:

(2.) It may be noted except the quantum of penalty, in the other impugned order the reasons given in its support are similar.

(3.) In the instant case, the petitioner was served with a notice to show cause. The petitioner neither chose to reply nor had intimated whether he was willing to be heard in person. However, that does no ipso facto mean that authority shall pass cryptic orders without citing reasons since they make the grounds for filing an appeal illusory.