Breach of natural justice in ex parte adjudication justified setting aside the order and remanding the matter for fresh hearing.

An adjudication passed after fixing personal hearing dates, without clear notice that the matter would be decided in the party's absence, is vitiated for breach of natural justice. The absence of an effective opportunity to be heard made the order unsustainable, and the proper course was to set it aside and remit the matter for de novo consideration. The remand required the authority to grant a reasonable opportunity to present additional evidence and supporting submissions before taking a fresh decision.

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Issues: Whether the impugned order, passed without affording a further opportunity of hearing, was vitiated for breach of natural justice and whether the matter should be remanded for fresh consideration.

Analysis: The appellants were fixed for personal hearing on two dates, but no notice was given that the matter would be decided in their absence if they failed to appear. The order was therefore treated as one passed in violation of the principles of natural justice. In view of that defect, and following the approach adopted in similar matters, the proper course was to set aside the order and remit the case for de novo adjudication with an opportunity to produce additional evidence and rely on supporting decisions.

Conclusion: The impugned order could not be sustained for breach of natural justice and the matter was remanded to the Commissioner for fresh decision after granting reasonable opportunity to the appellants.

Ratio Decidendi: An adjudication passed without effective opportunity of hearing, where no clear notice is given that the matter may be decided ex parte, is vitiated by breach of natural justice and warrants remand for fresh consideration.

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