Denial of cross-examination can vitiate adjudication where departmental opinion is the sole basis of the finding.

Where an adjudication rests substantially on an Appraiser's opinion that imported machinery was old and licence conditions were breached, denial of cross-examination of the Appraiser can vitiate the fairness of the proceeding. The order was set aside and the matter remanded for fresh adjudication after affording cross-examination and an opportunity of hearing.

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Issues: Whether the adjudication order, based solely on the Appraiser's opinion that the imported machines were old, could be sustained when cross-examination of the Appraiser had been denied.

Analysis: The Appraiser's report was the sole for the finding that the machinery was not new and that the licence condition had been violated. Since the report was based on the Appraiser's opinion on factual matters and the request for cross-examination had been rejected, the denial of that opportunity affected the fairness of the adjudication. The matter therefore required reconsideration after allowing cross-examination and hearing the appellants.

Conclusion: The impugned order was set aside and the matter was remanded for fresh decision after affording cross-examination of the Appraiser and an opportunity of hearing.

Ratio Decidendi: Where an adjudication rests substantially on an expert or departmental opinion, denial of cross-examination of the maker of that opinion can vitiate the order and warrant remand for fresh adjudication.

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