Natural Justice Prevails: Ex-Parte Order Struck Down, Ensuring Fair Hearing and Procedural Equity Under Principles of Due Process

HC found a violation of natural justice principles in an ex-parte order. The court set aside the impugned order and directed respondent to reconsider the appeal, providing petitioner an opportunity for personal hearing. The decision emphasized procedural fairness and the right to be heard, remanding the matter for fresh consideration without expressing opinion on merits.

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Issues: Violation of principles of natural justice in passing an ex-parte order without providing sufficient opportunity for personal hearing.

In this case, the petitioner sought relief through a writ petition to quash an impugned order passed by the respondent and to restore the appeal for reconsideration with an opportunity for personal hearing. The petitioner contended that the respondent violated principles of natural justice by passing an ex-parte order without providing adequate opportunity for the petitioner to be heard. The petitioner had submitted a representation requesting notification of personal hearing dates via email, which the respondent failed to comply with. The respondent, on the other hand, argued against the merit of the writ petition.

Upon examination of the representation submitted by the petitioner and the impugned order, the court found that the respondent did not notify the petitioner about the personal hearing dates as requested in the representation. The court concluded that the respondent's failure to provide the opportunity for a personal hearing, despite the petitioner's explicit request, amounted to a violation of natural justice. The court, adopting a justice-oriented approach, set aside the impugned order and remitted the matter back to the respondent for reconsideration, emphasizing the importance of adhering to principles of natural justice.

The court allowed the writ petition, setting aside the impugned order and the related Form GST APL-04. The court directed the respondent to reconsider the appeal afresh, with the appeal being restored in accordance with the court's order. The petitioner was instructed to appear before the respondent on a specified date without further notice. The court kept all rival contentions open and refrained from expressing any opinion on the same, emphasizing the importance of ensuring procedural fairness and adherence to principles of natural justice in administrative proceedings.

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