Natural justice and fair hearing in ex parte adjudication can require remand where notice of document access is unproven.

Ex parte adjudication may be invalid where the affected party is not shown to have received a reliable communication enabling inspection or copying of seized records and an effective hearing. Here, the appellants had sought access to the documents and time to respond, and the record did not prove service of the relevant intimation by registered post acknowledgment due. That absence of reliable proof of notice supported the claim that a fair opportunity of defence had not been given. The Collector's order was therefore vitiated for breach of natural justice and the matter was remanded for de novo adjudication after full opportunity to defend.

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Issues: Whether the ex parte adjudication by the Collector was vitiated for observance of the principles of natural justice, warranting setting aside of the order and remand for fresh adjudication.

Analysis: The appellants had sought return or inspection of seized records to prepare their reply and also sought time for hearing. The record showed that the crucial communication informing them that the documents could be inspected or copied by prior engagement was not sent by registered post acknowledgment due, creating a doubt whether it had been received. In these circumstances, the later request for access to the records supported the appellants' plea that they had not been given a fair opportunity to defend themselves. The absence of reliable proof of service of the relevant communication meant that the adjudication could not be treated as having satisfied the requirements of fair procedure.

Conclusion: The order of the Collector was vitiated for breach of natural justice and was set aside, and the matter was remanded for de novo adjudication after full opportunity of defence.

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