Natural justice overrides alternate remedy where revised duty liability is enhanced without prior hearing.

A revised order enhancing annual production capacity and monthly duty liability was set aside because it was made suo motu without giving the affected party any prior hearing. The court held that the absence of fresh material or valid justification reinforced the breach of natural justice. Although an appellate remedy was available, it did not bar judicial interference where the impugned order was passed in violation of the principles of natural justice. The petitioner was therefore not relegated to the appellate remedy, and the order dated 4 January 2011 was quashed.

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Issues: Whether the revised order determining annual production capacity and monthly duty liability could be quashed for breach of natural justice notwithstanding the availability of an appellate remedy.

Analysis: The order was passed suo motu enhancing the duty liability without furnishing any prior hearing to the petitioner. No fresh material or valid justification was disclosed for the revision. Though an alternative appellate remedy was available, the existence of such remedy did not preclude interference where the impugned order was made in violation of the principles of natural justice.

Conclusion: The order dated 4 January 2011 was set aside for breach of natural justice, and the petitioner was not relegated to the appellate remedy at that stage.

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