Natural justice requires cross-examination where witness statements are relied on in adverse adjudication.

An adjudication based on witness statements must comply with natural justice where those statements are relied upon to impose civil consequences, and cross-examination is an essential safeguard when requested or otherwise required by fairness. The commentary emphasises that the Tribunal should have examined whether the original authority relied on such testimony, whether the appellant was afforded an opportunity to cross-examine, and whether that grievance had been addressed. Failure to deal with that complaint rendered the order unsustainable, and the matter required reconsideration with proper inquiry into the use of witness evidence and, if necessary, provision for cross-examination.

---

---

Issues: Whether the Tribunal erred in not examining the appellant's grievance that the adjudication was vitiated by violation of natural justice, including denial of cross-examination of witnesses relied upon by the original authority, in the context of Regulation 23(4) of the Customs House Agents Licensing Regulations, 1984.

Analysis: The appeal turned on whether the first authority had relied upon statements or depositions of witnesses without affording an opportunity of cross-examination and whether the Tribunal had addressed that complaint. Since an adverse adjudication carrying civil consequences must conform to natural justice, the opportunity to test relied-upon testimony by cross-examination formed an essential facet of fair procedure. The Tribunal failed to examine whether such statements were relied upon and whether cross-examination had been offered or sought, despite the specific grievance raised before it.

Conclusion: The Tribunal's order was unsustainable and was set aside. The matter was remanded to the Tribunal for fresh decision after enquiring whether any witness statement was relied upon and whether the appellant was given a chance to cross-examine; if not, the Tribunal was directed to ensure such cross-examination.

---