Natural justice requires the deciding authority to hear the party before passing an adjudication order.

An adjudication order was held unsustainable where the Commissioner who passed the final order had not himself granted the personal hearing. A hearing before a predecessor Commissioner, followed by transfer and decision by another authority, did not satisfy the requirement of natural justice. The Tribunal set aside the impugned order and remanded the matter for fresh adjudication after affording the appellants a proper personal hearing before the deciding authority.

---

---

Issues: Whether an adjudication order was vitiated for want of fresh personal hearing by the authority who ultimately decided the matter.

Analysis: The appellants had been heard by one Commissioner, but the final order was passed by another Commissioner after transfer of the first authority. The Tribunal held that the authority who decides the dispute must itself afford the hearing, and that a hearing before a predecessor who did not pass the order does not satisfy the requirement of natural justice. The absence of a fresh personal hearing before the deciding Commissioner rendered the adjudication unsustainable.

Conclusion: The impugned order was set aside and the matter was remanded for fresh adjudication after granting the appellants an opportunity of personal hearing.

---