JHARKHAND HIGH COURT ISSUES ORDER ON GTS COAL SALES V/S COMPETITION COMMISSION OF INDIA AND ANR.

RANCHI, India, March 8 -- Jharkhand High Court issued the following order on Feb. 6:

1. Heard the parties.

2. The present writ petition has been filed for the following reliefs:- a. For a writ of mandamus or any other writ of the same nature declaring the investigation carried out by the Respondent No.2 in Case No. 48 & 49 of 2020 titled Bharat Coking Coal Ltd. v. Dhansar Engineering Co. Private Ltd. & Ors. as being unconstitutional and unlawful. b. For a writ of certiorari or any other writ of the same nature quashing the DG Report and the Supplementary DG Report in Case No. 48 & 49 of 2020 titled Bharat Coking Coal Ltd. v. Dhansar Engineering Co. Private Ltd. & Ors. c. For a writ of certiorari or any other writ of the same nature setting aside the order dated 12.11.2025 (Anneuxre-3) passed in Case No. 48 & 49 of 2020 titled Bharat Coking Coal Ltd. v. Dhansar Engineering Co. Private Ltd. & Ors.

3. Learned counsel for the petitioner has submitted that investigation was conducted and report was submitted by the respondent No.2 by which several illegalities and irregularities were found. However, during investigation, the petitioner was not given opportunity to cross-examination which is violation of natural justice.

4. The authority whose order is under challenge is subject to the appellate Tribunal as prescribed under Section 53A of the Competition Act, 2002.

5. Every proceeding and every regime is supposed to be completed in its field. The parliament has deliberately drafted the law making the complete regime. But the supervisory power of the Court under Article 227 of the Constitution of India cannot be taken out as has been held by the Hon'ble Apex Court. But this supervisory power has to be exercised in rarest of the rare case not for any lacuna in the procedure. A defect which can be corrected by the appellate court in final appeal, not required be corrected by the supervisory Court under Article 227 of the Constitution of India. Assuming such power would neither serve the interest of justice, rather, it would unnecessarily delay the proceedings.

6. In that view of the matter, this Court finds no reason to entertain the present writ petition.

7. Accordingly, the present writ petition stands dismissed.

Disclaimer: Curated by HT Syndication.