M/S Granada Air Services Private Limited And ANR v. Union Of India And ORS

O -20 ORDER SHEET WPO/1176/2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/S GRANADA AIR SERVICES PRIVATE LIMITED AND ANR VS UNION OF INDIA AND ORS

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 3rd April, 2023.

Appearance:

Mr. Arijit Chakrabarti, Adv.

Mr. N. Chowdhury, Adv.

...For the Petitioner Mr. Tapan Bhanja, Adv.

...For the U.O.I.

Mr. Kaushik Dey, Adv.

Mr. Abhradip Maity, Adv.

...for respondent no. 3 The Court : Affidavits in reply filed in Court be kept with the record.

Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned adjudication order on the ground of violation of principles of natural justice by contending that petitioner was not allowed to cross-examine the witnesses in question.

Learned advocate appearing for the respondent submits that impugned order contains adjudication relating to several persons. So far as part of the order related to the petitioner, no question of providing opportunity of any cross-examination arises since in the relevant part of the order confining to the petitioner, no statement of

any witness has been relied or taken into consideration to whom petitioner wants to cross-examine.

In addition, Mr. Dey, learned advocate appearing for the respondent Authority submits that the order is an appealable order under the statute. Mr. Dey also submits that petitioner's complicity has been admitted by the petitioner in course of impugned adjudication proceeding.

In view of factual and legal position recorded hereinabove, this writ petition being WPO 1176 of 2021 is dismissed. However, dismissal of this writ petition will not be a bar on the part of the petitioner to avail the statutory alternative remedy by way of appeal in accordance with law.

(MD. NIZAMUDDIN, J.) TR/