Denial of effective hearing led to quashing of ex parte adjudication and remand for fresh decision

An ex parte adjudication order and the appellate affirmation were set aside because the petitioner had not been given an effective opportunity to place material documents before the adjudicating authority. The Court accepted the request for a further hearing, noted that the Union of India did not seriously oppose remand, and held that the lack of effective opportunity justified intervention. The matter was remanded for fresh adjudication, with directions to afford the petitioner a hearing before deciding the dispute afresh.

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Issues: Whether the ex parte adjudication order and the appellate affirmation were liable to be quashed for denial of effective hearing, and whether the matter should be remanded for fresh adjudication.

Analysis: The petitioner sought a further opportunity to place the material documents before the adjudicating authority. The Union of India did not seriously oppose that request. In view of the lack of effective opportunity, the impugned order was set aside and the matter was sent back for decision afresh after granting a hearing.

Conclusion: The ex parte order and its affirmation were quashed and the matter was remanded to the adjudicating authority for fresh decision after affording opportunity of hearing to the petitioner.

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