Natural justice and pre-deposit: repeated hearing opportunities defeated full waiver, but partial relief was granted.

Repeated opportunities for personal hearing and cross-examination were given, including adjourned dates fixed for that purpose, and the appellant failed to avail them. On that record, the Tribunal found no denial of natural justice and no basis to grant complete dispensation of pre-deposit. However, because the same issues arose across four appeals, it granted partial relief in the interests of justice by directing a reduced pre-deposit of 50 per cent of the total penalty.

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Issues: Whether the appellant was entitled to dispensation of pre-deposit on the ground that the adjudication proceedings suffered from violation of the principles of natural justice.

Analysis: The record showed that repeated opportunities were given for personal hearing and for cross-examination of witnesses, including adjournments and dates specifically fixed for that purpose. The appellant did not avail those opportunities on several occasions and failed to establish any denial of hearing or cross-examination. In these circumstances, the Tribunal held that the adjudicating authority had afforded sufficient opportunity and that there was no violation of natural justice. At the same time, considering the similarity of issues in all four appeals, the Tribunal found it appropriate, in the interests of justice, to direct a reduced pre-deposit instead of granting full dispensation.

Conclusion: The request for complete dispensation of pre-deposit was rejected, but the appellant was granted partial relief by being directed to deposit 50 per cent of the total penalty.

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