Natural justice in adjudication: defective service and denial of hearing led to quashing and remand for fresh decision.

Non-service of the show-cause notice and denial of an effective hearing rendered the adjudication contrary to natural justice. The notice had been returned undelivered at the appellant's current address, and affixation did not cure the service defect on the facts. The later communication from the foreign exchange authority did not address the merits of the alleged contravention, as it only declined alternative documents after the order had been passed. The adjudication order was therefore quashed and the matter remanded for fresh adjudication after hearing the appellant.

---

---

Issues: Whether the adjudication order was vitiated for non-service of the show-cause notice and denial of hearing, and whether the matter required remand for fresh adjudication.

Analysis: The notice was not served at the appellant's current address and the proceedings were taken to conclusion without affording an effective opportunity of hearing. The record indicated that the show-cause notice had been returned undelivered, and affixation did not cure the defect in service in the circumstances. The foreign exchange authority's later communication did not decide the merits of the alleged contravention, but only declined acceptance of alternative documents after the adjudication order had already been passed. In these circumstances, the adjudication stood contrary to the principles of natural justice, and the proper course was to set aside the order and remit the matter for a fresh decision after hearing the appellant.

Conclusion: The adjudication order was quashed and the matter was remanded for fresh adjudication after giving the appellant an opportunity of hearing.

---