Natural justice in ex parte adjudication: HC quashed the order and remanded the matter for fresh hearing.

An ex parte adjudication order passed without affording the petitioner a hearing was set aside because the State accepted that the matter should be reconsidered on the show cause notice. The HC quashed the impugned order and remanded the matter for fresh adjudication after giving the petitioner an opportunity to be heard, including liberty to file an additional reply within the time granted. The operative effect was restoration of the matter to the adjudicating authority for reconsideration in compliance with natural justice.

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Issues: Whether the ex parte adjudication order passed without hearing the petitioner was liable to be set aside and the matter remitted for fresh adjudication after granting an opportunity of hearing.

Analysis: The petition challenged the adjudication order on the ground that no hearing had been afforded before passing the order. The State fairly accepted that the impugned order could be set aside and the matter could be remanded for fresh decision on the show cause notice. In view of that stand, the Court set aside the impugned order and directed fresh adjudication after giving the petitioner an opportunity to be heard, with liberty to file an additional reply within the time granted.

Conclusion: The ex parte order was quashed and the matter was remanded for fresh adjudication after hearing the petitioner.

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