Natural justice in section 73 adjudication: order quashed for denial of reasonable time to reply and remitted for fresh decision.

An order passed under section 73(9) was found unsustainable because it followed an undated notice under section 73(1) and the petitioner had not been given reasonable time to file a reply. The court noted that the request for adjournment had not been disbelieved and, in light of the earlier direction for independent consideration of objections, the authority was required to afford a fair opportunity before adjudication. Failure to comply with the principles of natural justice rendered the order liable to be quashed, and the matter was remitted for fresh adjudication after considering the petitioner's reply.

---

---

Issues: Whether the order passed under section 73(9) was liable to be quashed for violation of principles of natural justice and whether the matter should be remitted for fresh adjudication.

Analysis: The impugned order was passed after an undated notice under section 73(1) and the petitioner's request for adjournment had not been disbelieved. In the circumstances, and especially in view of the earlier order directing independent consideration of the objections, the petitioner ought to have been afforded reasonable time to file a reply to the show cause notice. The failure to grant such opportunity amounted to non-compliance with the principles of natural justice, rendering the order unsustainable.

Conclusion: The order under section 73(9) was quashed and the matter was remitted to the authority to pass a fresh order in accordance with law after considering the petitioner's reply.

---