Natural justice breach led to remand for fresh adjudication on merits after fair hearing.

Where an order is passed without affording a fair opportunity of hearing and the controversy requires independent scrutiny of the evidence and pleadings, remand is the proper course. The appellate authority found a breach of natural justice because the respondent had not been given an adequate chance to explain its case, and held that the matter required reconsideration by the adjudicating authority. The impugned order was set aside and the dispute was returned for fresh decision on merits after both sides were heard in accordance with natural justice.

---

---

Issues: Whether the impugned order was liable to be set aside and the matter remanded to the adjudicating authority for fresh consideration after affording the parties a fair hearing.

Analysis: The appellate authority had proceeded on the footing that the respondent had not been given an opportunity to explain its case and that the matter required scrutiny by the adjudicating authority. In such circumstances, where violation of the principles of natural justice was found and the material required independent examination, the proper course was remand for reconsideration on evidence and pleadings after giving both sides a fair opportunity of being heard.

Conclusion: The matter was remanded to the adjudicating authority and the impugned order was set aside.

Final Conclusion: The dispute was returned for fresh decision on merits by the adjudicating authority after due observance of natural justice.

Ratio Decidendi: Where an order is found to have been passed without affording a fair opportunity and the controversy requires independent scrutiny of evidence, remand is the appropriate course so that the adjudicating authority may decide the matter afresh on merits.

---