Binding Supreme Court precedent ignored, leading to remand for fresh decision after hearing the respondent.

The lower appellate order was unsustainable because it ignored binding Supreme Court decisions cited by the department. As the respondent did not appear or seek adjournment, the grounds raised by the department remained unrebutted, requiring reconsideration of the matter. The impugned order was therefore set aside and the case remanded to the lower appellate authority for a fresh decision in light of the cited Supreme Court rulings, after granting the respondent a reasonable opportunity of hearing.

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Issues: Whether the impugned order was liable to be set aside and the matter remanded for fresh decision because the lower appellate authority had not considered the binding decisions of the Supreme Court.

Analysis: The order under appeal was passed without considering the ratio of the cited Supreme Court decisions. The department's grounds were unrebutted, as the respondent remained absent and no adjournment was sought. In these circumstances, the order could not be sustained and the matter required reconsideration by the lower appellate authority with an opportunity of hearing to the respondent.

Conclusion: The impugned order was set aside and the matter was remanded for fresh decision in the light of the cited Supreme Court decisions, after granting a reasonable opportunity of hearing to the respondent.

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