Denial of real hearing on a public holiday can vitiate cancellation of registration and require fresh proceedings.

A cancellation order founded on a show cause notice fixing personal hearing on a public holiday, where no real hearing was held, was held unsustainable for denial of a proper opportunity of hearing. The cancellation order was also non-speaking. On these defects, both the notice and the consequential order were set aside, and the matter was remitted for fresh proceedings by issuing a new notice and deciding the issue afresh after considering the response.

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Issues: Whether the order cancelling registration and the underlying show cause notice were liable to be set aside for being vitiated by an error in fixing the personal hearing on a public holiday and for lack of a proper opportunity of hearing.

Analysis: The notice fixed a personal hearing on 02.10.2019, which was a public holiday. The respondent accepted that the notice was computer-generated and that no personal hearing was in fact held. The cancellation order was also found to be non-speaking. In these circumstances, the defect in the notice and the denial of a proper hearing warranted setting aside the consequential order and the notice itself, with liberty to issue a fresh notice and decide the matter afresh in accordance with law.

Conclusion: The cancellation order and the show cause notice were set aside, and the matter was remitted for fresh action by issuing a new show cause notice and passing orders anew after considering the response.

Final Conclusion: The writ petitioner obtained relief against the impugned cancellation, but the merits of the registration dispute were left open for fresh adjudication after due notice and hearing.

Ratio Decidendi: A cancellation order founded on a notice that fixes hearing on a public holiday and thereby deprives the noticee of a real opportunity of hearing cannot be sustained, and both the notice and the consequential order may be set aside for fresh proceedings in accordance with law.

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