J.K. INDUSTRIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) ADMIT . Issue notice. Issue notice of stay application also.

(2.) ONE of the contention raised by the learned counsel for the petitioner is that in respect of preliminary findings calling upon the objections, hearing was given by the predecessor in office of the authority, who has issued Annexure -P/11 stating that the 'arguments raised by interested parties after the notification of the preliminary findings and thereafter at the time of the oral hearing are reflected in this Disclosure Statement to the extent they are considered relevant to these investigations.' However, the officer who has given oral hearing has since demitted the office and the conclusion drawn by the one officer from the oral hearing granted by another officer clearly cannot form the basis of a fair procedure for arriving at a final conclusion. Our attention was invited to Annexures -P/11 and P/10 in this regard.

(3.) BY way of ad interim order final findings shall not be recorded in pursuance of Annexure -P/11 (The non -confidential version of the Disclosure Statement, dated 12.1.2005).