Natural justice in adjudication requires effective cross-examination of relied-upon witnesses before adverse findings can stand.

Denial of requested examination and cross-examination of departmental and company witnesses, without recorded reasons, vitiated the show cause adjudication because the noticees were not given an effective opportunity to test adverse evidence. The tribunal held that reliance on such untested statements breached natural justice, and it did not examine the merits. The adjudication was set aside and the matter remanded for fresh decision after allowing the requested cross-examination.

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Issues: Whether denial of the requested examination and cross-examination of witnesses relied upon by the department vitiated the adjudication for breach of natural justice and warranted remand.

Analysis: The order proceeded on statements of departmental witnesses and HPCL officials, but the request to examine and cross-examine witnesses, including the former range superintendent, was not properly considered. The impugned order did not record any reason for refusing such examination, although the adjudicating authority relied on material adverse to the noticees. Since the noticees were denied an effective opportunity to test the evidence used against them, the adjudication was found to suffer from violation of natural justice. In these circumstances, the merits were not gone into.

Conclusion: The denial of cross-examination and examination of witnesses was unlawful, and the adjudication could not be sustained. The matter was remanded for fresh adjudication after permitting the requested cross-examination.

Ratio Decidendi: Where evidence relied upon in a show cause proceeding is denied effective testing through requested cross-examination, and no reasoned basis is recorded for such denial, the adjudication is vitiated for breach of natural justice and must be set aside for fresh decision.

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