Fair procedure in adjudication requires disclosure of relied-upon documents and cross-examination before adverse findings are sustained.

Adjudication based on relied-upon statements and documents is unsustainable where the affected party is not given those materials for rebuttal and is denied cross-examination of witnesses whose evidence is material to the case. The Tribunal held that fair procedure requires disclosure of evidence proposed to be used against a party and, where necessary to test that evidence, an opportunity to cross-examine. As the order did not satisfactorily establish the nexus between the alleged clandestine removal and the materials relied upon, the matter was remanded for fresh decision after supplying the documents and allowing rebuttal and cross-examination where required.

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Issues: Whether the adjudication was vitiated by denial of a fair and reasonable opportunity, including supply of relied-upon documents and cross-examination, so as to warrant remand.

Analysis: The record showed that the appellants consistently complained of non-supply of relevant documents and statements used against them, and of denial of cross-examination of witnesses whose material was relied upon in the adjudication. The Tribunal held that when material evidence is proposed to be used against a party, such material must be made available for rebuttal, and cross-examination cannot be denied where it is essential for testing the evidence. The impugned order did not satisfactorily demonstrate the nexus between the alleged clandestine removal and the materials relied upon, and the adjudication was not found to have been conducted on a footing consistent with fair procedure.

Conclusion: The adjudication was held to be unsustainable for violation of fair procedure, and the matter was remanded for fresh decision after giving the appellants copies of the documents and opportunity of rebuttal and cross-examination where necessary.

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