Regulation 22(6) Requires CHA to make representation against enquiry report irrespective of the fact as to whether report is in his favor or not
The argument that under Regulation 22(6), the CHA is required
to make representation only to the extent the findings in the inquiry report
that are against the CHA cannot be accepted. Even if the inquiry report is in
favour of the CHA, it is open to the CHA to make representation if the CHA
considers that some of the view points putforth by the CHA have not been
properly appreciated by the inquiry officer. Therefore, the regulation 22(6)
requires the CHA to make representation against the inquiry report
irrespective of the fact as to whether the report is in favour of the CHA or
not. In any event, whatever may be the representation of the CHA on the
inquiry report, the final decision on the showcause notice shall be that of the
Commissioner as he deems fit and not that of the inquiry officer
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7122 OF 2011
M/s.Delta Logistics,Vs. Union of India,
CORAM : J.P. Devadhar,
K.K. Tated &
to make representation only to the extent the findings in the inquiry report
that are against the CHA cannot be accepted. Even if the inquiry report is in
favour of the CHA, it is open to the CHA to make representation if the CHA
considers that some of the view points putforth by the CHA have not been
properly appreciated by the inquiry officer. Therefore, the regulation 22(6)
requires the CHA to make representation against the inquiry report
irrespective of the fact as to whether the report is in favour of the CHA or
not. In any event, whatever may be the representation of the CHA on the
inquiry report, the final decision on the showcause notice shall be that of the
Commissioner as he deems fit and not that of the inquiry officer
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7122 OF 2011
M/s.Delta Logistics,Vs. Union of India,
CORAM : J.P. Devadhar,
K.K. Tated &
