It appears that the hearing before the Commissioner was scheduled on 8.4.2011. It is claimed that the proceedings were adjourned to 6.6.2011. The record also shows that on 6.6.2011, proceedings were conducted and were further adjourned to 17.6.2011. It is, however, case of the petitioner that any intimation that the hearing was scheduled for / was to be held on 6.6.2011 was not given to the petitioner. The record of the proceedings which are shown to the Court, contains copy of the order dated 6.6.2011, however, it does not contain any order dated 8.4.2011 adjourning the proceedings to 6.6.2011. There is also no entry in the Rojkam or any other order to demonstrate that the next date of hearing was scheduled for 6.6.2011 fixed and it was informed to the petitioner. Therefore, learned counsel appearing for the respondent shall place on record material to show that on 8.4.2011, any order about subsequent date was passed or by separate intimation was given to the petitioner, i.e. the petitioner was informed about the fact that the next date of hearing was scheduled on 6.6.2011. Such material will be placed on record on the next date of hearing.
S.O.
to 27.7.2012.
(K.M.
Thaker, J.) Bharat* Top