Fair hearing requirement in statutory rectification proceedings: ex parte order set aside and matter remanded.

An ex parte order passed on a statutory rectification request without notice or a reasonable opportunity of hearing was treated as unsustainable because it breached fair procedure and did not amount to a proper speaking determination on the pending request. The order was set aside, and the matter was remanded for fresh consideration after granting the petitioner a personal hearing.

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Issues: Whether the ex parte order passed on the petitioner's rectification request was liable to be set aside for want of notice and opportunity of hearing.

Analysis: The petitioner had sought rectification under the statutory provision and had also obtained an earlier direction for consideration of that request. The impugned order was nevertheless passed without issuing notice or granting any reasonable opportunity of hearing. In such circumstances, the order could not be sustained, as it offended the requirement of fair procedure and could not be treated as a proper speaking determination on the pending request.

Conclusion: The impugned order was set aside and the matter was remanded for fresh consideration after giving personal hearing to the petitioner.

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