Natural justice violation requires remand for fresh adjudication after proper opportunity of hearing.

An order passed without following the principles of natural justice requires reconsideration after affording a proper opportunity of hearing. The first appellate authority had already set aside the original adjudication and remanded the matter on that ground, and the Tribunal agreed that the defect in procedure warranted fresh adjudication by the original authority. The matter was therefore remanded for fresh decision after compliance with natural justice.

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Issues: Whether the matter was required to be remanded to the adjudicating authority for fresh decision after complying with the principles of natural justice.

Analysis: The first appellate authority had set aside the order in original on the ground of violation of natural justice and had remanded the matter. The Tribunal noted that the adjudicating authority's order had been passed without following the principles of natural justice and held that such defect required reconsideration by the adjudicating authority after giving proper opportunity.

Conclusion: The matter was remanded to the adjudicating authority for fresh consideration after following the principles of natural justice.

Ratio Decidendi: Where an order is passed in violation of the principles of natural justice, the proper course is to remand the matter for fresh adjudication after affording due opportunity.

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