Natural justice exception to alternative remedy allows writ challenge where cross-examination was denied in adjudication.

A statutory appellate remedy does not automatically bar writ jurisdiction where the challenge prima facie alleges violation of natural justice or lack of jurisdiction. The High Court held that the petitioner's complaint that no opportunity of cross-examination was granted raised a fairness issue in the adjudication process, so the writ petition could not be rejected merely because an alternative appeal existed. The earlier authority relied on was distinguished on facts because no exceptional ground was shown there. The order declining to entertain the writ petition on the sole ground of alternative remedy was set aside and the matter restored for fresh consideration.

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Issues: Whether a writ petition challenging an adjudication order imposing penalty could be refused at the threshold solely because a statutory appeal was available, when the challenge included an allegation of violation of the principles of natural justice.

Analysis: The availability of an alternative statutory remedy normally weighs against exercise of writ jurisdiction. However, that restraint is subject to well-recognised exceptions, including complete lack of jurisdiction and violation of natural justice. The earlier decision relied upon by the Single Judge was distinguished because it concerned a case where no such exceptional ground was found. Here, the grievance that no opportunity of cross-examination was granted went to the fairness of the adjudication process, and therefore the writ petition could not be rejected merely on the ground of alternative remedy.

Conclusion: The writ petition was maintainable and the dismissal on the sole ground of alternative remedy was unsustainable, in favour of the appellant.

Final Conclusion: The order refusing to entertain the writ petition was set aside and the matter was restored for fresh consideration.

Ratio Decidendi: The existence of a statutory appellate remedy does not bar writ jurisdiction where the challenge prima facie discloses violation of natural justice or lack of jurisdiction.

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