Independent appellate consideration required; mechanically concurred order set aside, remand ordered and pre-deposit waived.

An appellate order that merely replicated the adjudicating authority's reasoning was treated as showing pre-judgment and a lack of independent consideration. The matter was therefore remanded so the appellate authority could decide the dispute afresh by passing a reasoned and speaking order addressing the controversy, the appellant's submissions, the evidence, and the basis for the decision. Pre-deposit was also dispensed with, reflecting the need to cure the defective appellate process before further consideration.

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Issues: Whether the appellate order, having been found to reflect pre-judgment and mechanical concurrence with the adjudicating authority, required interference by way of remand and dispensation of pre-deposit.

Analysis: The order below was found to indicate bias and a lack of independent consideration because its language closely tracked the adjudication order. In these circumstances, the matter was sent back so that the appellate authority could decide the dispute afresh by passing a reasoned and speaking order dealing with the controversy, the appellant's submissions, the evidence and the reasons for the decision. The pre-deposit was dispensed with.

Conclusion: The matter was remanded to the appellate authority and pre-deposit was waived.

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