Remand for fresh adjudication where the record was incomplete and additional evidence required fair consideration.

The Tribunal held that the record was incomplete and a conclusive decision could not be reached on the limited documents available, so the matter was sent back for fresh adjudication. It directed the adjudicating authority to consider the additional evidence to be produced by the appellant and decide the dispute afresh after affording a reasonable opportunity of hearing, in line with the earlier High Court remand and principles of fairness.

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Issues: Whether the matter should be remanded to the adjudicating authority for fresh decision after considering additional evidence and affording a reasonable opportunity of hearing.

Analysis: The Tribunal noted that the dispute had earlier been remitted by the High Court for decision on merits and that the record before it was incomplete for a conclusive adjudication. In fairness, and in view of the limited documents produced, the Tribunal considered it appropriate to send the matter back so that the adjudicating authority could examine all aspects, consider the evidence to be produced by the appellant, and decide the dispute afresh after giving due opportunity of hearing.

Conclusion: The matter was remanded to the adjudicating authority for fresh adjudication in accordance with law.

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