Ex parte adjudication set aside for denial of hearing where genuine prevented reply to show cause notice.

An ex parte order passed solely because no reply was filed to the show cause notice could not be sustained where the petitioner showed genuine cause for the default. The Delhi High Court accepted the explanation that serious illness and the subsequent death of the petitioner's husband prevented a timely response, and held that denial of an opportunity to answer the notice was unjustified. The order was set aside and the matter remitted for fresh adjudication, with liberty to file a reply and an opportunity of personal hearing in accordance with law.

---

---

Issues: Whether the ex parte order passed on the basis of non-filing of a reply to the show cause notice was liable to be set aside and the matter remitted for fresh adjudication after granting an opportunity of hearing.

Analysis: The order under challenge proceeded solely on the footing that no reply or explanation had been filed despite repeated opportunities. The Court noted the petitioner's explanation that she was unable to respond because of the serious illness and subsequent death of her husband, and found the material sufficient to show that she was prevented from replying for genuine reasons. In such circumstances, the denial of an opportunity to answer the show cause notice could not be sustained.

Conclusion: The ex parte order was set aside and the matter was remitted to the Proper Officer for fresh adjudication after permitting the petitioner to file a reply and after granting personal hearing, in accordance with law.

---