Natural justice requires a clear personal hearing before final adjudication when a case is separately considered.

An adjudication order was held unsustainable where the appellant, whose case had been separated for independent consideration, was not given a clear further personal hearing before finalisation. The record showed that a separate hearing had been contemplated and that the appellant was distinguished from the other noticees, but the final record did not establish that the required subsequent hearing occurred. On that basis, the adjudication process was found to be vitiated by breach of fair procedure and natural justice, and the matter was remanded for fresh hearing before the appropriate authority.

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Issues: Whether the adjudication order could be sustained when the appellant was not afforded a proper opportunity of hearing after the case had been separated for independent consideration.

Analysis: The record showed that a separate hearing had been contemplated and that the appellant's case stood distinguished from the other noticees. The impugned order itself indicated that the matter had been heard only in part, while the later record did not establish that any further personal hearing was granted before the final order was passed. In these circumstances, the absence of a clear subsequent hearing vitiated the adjudication process on the touchstone of fair procedure and natural justice.

Conclusion: The adjudication order, insofar as it related to the appellant whose case required separate consideration, could not be sustained and the matter was remanded for fresh hearing before the appropriate authority.

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