Court sets aside order for violating natural justice, grants fresh hearing, emphasizes fair adjudication.

The court allowed the Writ Petition, setting aside the impugned order due to the violation of natural justice principles. The respondent was granted liberty to pass a fresh order after providing the petitioner with an opportunity to be heard. Emphasizing the importance of fair adjudication, the court remanded the matter back to the respondents for reconsideration following established principles and directing the issuance of a show-cause notice and an opportunity for hearing to the concerned parties.

---

---

Issues:
Violation of principles of natural justice in passing the impugned order without a show-cause notice and enquiry.

Analysis:
The Writ Petition was filed under Article 226 of the Constitution of India seeking a Writ of Certiorari to challenge the order passed by the third respondent. The petitioner contended that the impugned order was in violation of principles of natural justice as no show-cause notice was issued and no enquiry was conducted. The court noted that in similar circumstances, previous judgments had set aside impugned orders. Reference was made to the case law of A.M.Ahamed and Co. vs. Commissioner of Customs, Tuticorin to establish the relevance of natural justice principles. The court found that the impugned order was final and passed without proper jurisdiction under Regulation 22.

The court emphasized that administrative orders affecting parties' rights must adhere to natural justice principles. It was observed that the impugned order under Regulation 21 was arbitrary and unsustainable in law due to the violation of natural justice principles. The court referred to the case of Shipping and Clearing (Agents) Private Limited vs. Union of India to reinforce the importance of natural justice in fair adjudication. The judgment highlighted that the party must be informed of allegations before any penal order is made to prevent miscarriage of justice.

Consequently, the court allowed the Writ Petition, setting aside the impugned order. However, the respondent was granted liberty to pass a fresh order in accordance with the law after providing an opportunity for the petitioner to be heard. The court stressed the need for fair adjudication rooted in natural justice principles to ensure justice and prevent arbitrary actions. The matter was remanded back to the respondents for reconsideration following the principles laid down in relevant judgments, with a specific directive to issue a show-cause notice and afford an opportunity of hearing to the concerned parties.

---