Natural justice breach in ex parte adjudication led to setting aside the order and remand for fresh hearing.

An ex parte adjudication passed after three opportunities, despite filing of a defence reply, was held unsustainable because the adjudicating authority did not consider the reply or grant an effective hearing. That defect was treated as a breach of natural justice going to the root of the adjudication. The order was set aside and the matter remanded to the adjudicating authority for fresh decision after giving the appellant a proper hearing.

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Issues: Whether the ex parte adjudication order, passed after three opportunities without considering the defence reply, was sustainable in law and whether the matter should be remanded for fresh hearing.

Analysis: The order was passed without considering the appellant's defence despite the filing of a reply and without granting an effective opportunity of hearing. Such disposal was held to be contrary to the principles of natural justice and unsustainable. The defect went to the root of the adjudication and warranted interference.

Conclusion: The ex parte order was set aside and the matter was remanded to the adjudicating authority for a fresh decision after granting the appellant a proper hearing.

Ratio Decidendi: An adjudication made without affording an effective opportunity of hearing and without considering the defence violates the principles of natural justice and is liable to be set aside with remand for fresh consideration.

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