Natural justice challenge to a penalty order failed, with the petitioner directed to pursue the statutory appellate remedy.

A challenge to a penalty order on the ground of violation of natural justice failed because the record showed due service of notice, grant of time to object and be heard, and no timely response from the petitioner. The allegation that the order had been pre-dated and served after the objection was filed was not accepted on the available facts. No breach of natural justice was established, so interference with the penalty order was declined and the petitioner was directed to pursue the statutory appellate remedy.

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Issues: Whether interference was warranted with the penalty order on the ground of violation of principles of natural justice and whether the petitioner should be relegated to the statutory appellate remedy.

Analysis: The petitioner alleged that the penalty order had been pre-dated and was served after the objection had been filed. The response on record was that notice had been duly served, time and opportunity to object and to be heard had been granted, and the petitioner had not responded within time. On those facts, no violation of natural justice was made out. The proper course, therefore, was to pursue the statutory remedy of appeal.

Conclusion: Interference with the penalty order was declined, and the petitioner was directed to avail the statutory appellate remedy.

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