Having seen the manner of service as recorded in the Report, we are of the considered view that notice, as required to be served under para 3(5)(f) of the Foreigners’(Tribunals) Order, 1964, was complied with. However, what transpires from records and pleadings is that the petitioner was engaged as a labourer at a construction site in Jorhat and during his temporary stay there was proceeded against, which fact was not to his knowledge as he moved elsewhere in search of job before notice could be personally served upon him. We are of the view that the petitioner should be granted an opportunity to contest the reference case on merits for the ends of justice. We therefore, we set aside the impugned order dated 20.11.2018 in so far as the petitioner is concerned, with direction to the petitioner to appear before the Foreigners’ Tribunal, Jorhat, Assam, on 26.11.2019, on which date he shall file his written statement without fail. No fresh Notice is required to be issued by the Tribunal, either for his appearance or for filing written statement. Tribunal shall proceed accordingly and conclude the proceeding within 60(sixty) days from 26.11.2019. We make it clear that if the petitioner defaults in appearing before the Tribunal and to file written statement on 26.11.2019 and/or defaults in participating in the proceeding on the dates to be fixed in the case, it shall be open to the Tribunal to pass such order or orders as may be deemed fit and proper and in accordance with law.
