Unexplained delay in show cause adjudication and call book suspension can violate natural justice and make revival unlawful.

An adjudicatory show cause notice cannot be revived after a prolonged unexplained hiatus, particularly where it was kept in the call book without intimation to the noticee. The Gujarat HC noted that no satisfactory explanation was given for the long delay in taking up adjudication after remand, and that indefinite suspension of proceedings is not justified where the statute does not authorise such delay. It further held that serious prejudice arose because the factory had been closed and sold, registration surrendered, and relevant records and witnesses were no longer readily available. The impugned communication and notice were therefore quashed as unlawful and arbitrary.

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Issues: Whether the revival and adjudication of a show cause notice after an inordinate unexplained delay, including transfer to the call book without intimation to the noticee, was lawful and sustainable.

Analysis: The petition challenged a show cause notice that had remained pending for about 15 years after remand by the appellate tribunal. The Court noted that the notice had been transferred to the call book without any formal communication to the petitioner and that no explanation was offered for the long delay in taking up adjudication. It relied on the settled principle that proceedings under adjudicatory provisions must be concluded within a reasonable time and that keeping matters in the call book cannot justify indefinite suspension of adjudication when the statute does not authorise such delay. The Court also found that the petitioner's factory had been closed and sold, registration had been surrendered, and relevant records and witnesses were no longer readily available, causing serious prejudice and breach of procedural fairness.

Conclusion: The delayed revival of the proceedings was unlawful and arbitrary, and the impugned communication and show cause notice were liable to be quashed. The decision is in favour of the petitioner.

Ratio Decidendi: An adjudicatory proceeding cannot be revived after a prolonged unexplained hiatus, especially where the matter was kept in the call book without notice to the affected party, because such delay violates reasonable-time requirements and the principles of natural justice.

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