Denial of proper hearing vitiated adjudication, leading to remand for fresh decision after effective opportunity to be heard.

Failure to afford a proper opportunity of personal hearing vitiated the adjudication. The hearing dates had been repeatedly adjourned, and when counsel was unable to appear on the final date because of illness and related circumstances, the appellants were effectively denied participation. On that factual basis, the tribunal held that interference was necessary to secure justice, set aside the impugned order, and remitted the matter to the Collector for fresh adjudication after granting a proper hearing.

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Issues: Whether the adjudication order was liable to be set aside for want of fair hearing and the matter remitted for fresh adjudication.

Analysis: The personal hearing dates were repeatedly adjourned by the Collector, and the appellants were not given an effective opportunity to participate when illness of counsel and connected circumstances prevented appearance on the final date. In these circumstances, the denial of a proper hearing warranted interference in order to secure justice.

Conclusion: The impugned order was set aside and the matter was remitted to the Collector for readjudication after affording the appellants a proper opportunity of hearing.

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