Natural justice breach in absence of hearing and reasons led to quashing and remand for fresh consideration.

An order passed without granting a hearing and without recording reasons violates natural justice and fair procedure. The Patna HC held that such an order cannot be sustained and quashed it, remitting the matter for fresh consideration after affording the petitioner an opportunity to be heard, allowing additional material if necessary, and passing a reasoned order in accordance with law.

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Issues: Whether the impugned order was liable to be quashed for violation of the principles of natural justice on the ground that no hearing was afforded and no reasons were recorded.

Analysis: The order disclosed no reasons at all and it was passed without granting the writ petitioner any opportunity of hearing. Such a decision was contrary to the requirements of fair procedure and could not be sustained. The appropriate course was to set aside the order and require the authority to proceed afresh after hearing the petitioner and permitting additional material to be placed on record, if needed.

Conclusion: The impugned order was quashed and the matter was remitted to the authority for fresh consideration after affording proper hearing and passing a reasoned order in accordance with law.

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