Remand compliance and contempt consequences: Tribunal ordered fresh adjudication within a fixed time after continued inaction.

Where a remand direction for fresh adjudication was not complied with, the Tribunal noted continued inaction by the original authority even after personal hearing and treated the lapse as serious. Instead of immediately referring the matter for contempt, it exercised its procedural powers to secure compliance and ensure a fresh decision after hearing the party. The Tribunal directed the original authority to pass a fresh adjudication order within 30 days, report compliance, and warned that further default could attract contempt action.

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Issues: Whether, in view of the adjudicating authority's failure to pass a fresh order after remand, the Tribunal should direct expeditious adjudication and consider contempt action.

Analysis: The Tribunal found that its earlier remand direction requiring re-adjudication within five months had not been complied with and that the original authority had remained inactive even after a personal hearing. While noting that the lapse was serious and could have justified reference to the High Court for contempt, the Tribunal refrained from doing so in the circumstances. It instead exercised its powers under the CESTAT (Procedure) Rules to secure compliance and ensure that the party received a fresh adjudication after a reasonable opportunity of being heard.

Conclusion: The Tribunal directed the original authority to pass a fresh adjudication order within 30 days after hearing the party and to report compliance, while warning that non-compliance would invite contempt action.

Final Conclusion: The proceeding resulted in a mandatory direction for prompt re-adjudication and compliance monitoring, with the matter concluded by fixing a time-bound course of action against the adjudicating authority's inaction.

Ratio Decidendi: Where a remand direction is disobeyed and the adjudicating authority remains inactive, the Tribunal may issue a time-bound direction for fresh adjudication and reserve contempt consequences to enforce compliance.

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