Natural justice in classification disputes: denial of cross-examination justified remand for fresh adjudication.

Denial of cross-examination of the Deputy Director, Textile Committee, whose report and forwarding letter bore on classification, was treated as a breach of natural justice. Because the original authority relied on material that the respondents were not allowed to test through cross-examination, the order was set aside. The matter was remanded to the original authority to permit cross-examination of the witness and to give both sides a proper hearing before fresh adjudication.

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Issues: Whether the respondents were entitled to cross-examination of the Deputy Director, Textile Committee, and whether the matter should be remanded for fresh decision after such cross-examination and hearing.

Analysis: The respondents had sought cross-examination of the Deputy Director because the forwarding letter accompanying the test report indicated a classification different from the test report relied upon by the department. As the original authority had not permitted such cross-examination, the matter required reconsideration to ensure a fair decision and compliance with the requirements of natural justice.

Conclusion: The impugned order was set aside and the matter was remanded to the original authority to permit cross-examination of the Deputy Director, Textile Committee, and to afford an adequate opportunity of hearing to both sides.

Final Conclusion: The dispute was not finally decided on merits and was sent back for fresh adjudication after affording the requested procedural safeguard.

Ratio Decidendi: Where a witness whose report materially affects classification is sought to be cross-examined, denial of that opportunity can justify remand for fresh adjudication in observance of natural justice.

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