Procedural fairness in show cause proceedings led to remand for fresh decision after reply and hearing were allowed.

An impugned order was set aside and the matter remitted for fresh decision because the issues were treated as identical to those decided in an earlier writ petition. The petitioner was given time to file a reply to the show cause notice and the respondent authority was directed to consider that reply and hear the petitioner before deciding the notice expeditiously. The remand was made with all contentions kept open, so the challenge succeeded only to the extent of restoring the matter for reconsideration after procedural fairness was afforded.

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Issues: Whether the impugned order was liable to be set aside and the matter restored for fresh decision after granting the petitioner an opportunity to file a reply and be heard.

Analysis: The issues in the petition were treated as identical to those decided in an earlier writ petition. On that basis, the petition was allowed, the impugned order was set aside, and the matter was restored to the respondent authority. The petitioner was granted time to file a reply to the show cause notice, and the authority was directed to decide the notice expeditiously after considering the reply and hearing the petitioner.

Conclusion: The challenge succeeded, and the impugned order stood set aside with the matter remitted for fresh consideration after opportunity of reply and hearing.

Final Conclusion: The petitioner obtained substantive relief in the form of remand for fresh adjudication, while all contentions of the parties were left open.

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