Fair opportunity in adjudication required: order set aside and matter remanded because reply and hearing time was inadequate.

Insufficient opportunity to reply to the show cause notice and to be heard vitiated the adjudication, because the notice was served with only one day to file a reply and attend personal hearing. That time was treated as inadequate for an effective defence and as a breach of fair procedure. The impugned order was set aside and the matter was remanded to the Commissioner for fresh adjudication after granting proper personal hearing.

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Issues: Whether the impugned order was liable to be set aside and the matter remanded for fresh decision on account of insufficient opportunity to reply to the show cause notice and to be heard.

Analysis: The notice was stated to have been served on the appellant on 27-11-2006, with only one day available for filing a reply and appearing for personal hearing. The limited time granted was treated as inadequate to defend the case effectively, indicating breach of fair opportunity in the adjudication process.

Conclusion: The impugned order was set aside and the matter was remanded to the Commissioner for fresh adjudication after granting proper opportunity of personal hearing. The appeal was allowed by way of remand.

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