Natural justice in appellate proceedings: later pronouncement without notice rendered the order unsustainable and required remand.

An appellate order delivered on a later date without notice to the petitioner, after the matter had been reserved, was held unsustainable because no provision or notification authorised pronouncement on a date other than the date fixed without notice. The petitioner was not informed of the later date and was not heard before the order was issued, so the defect affected the fairness of the appellate proceedings and violated natural justice. Relying on the earlier decision cited by the petitioner, the High Court quashed the appellate order and remanded the matter for de novo consideration after due opportunity of hearing to all stakeholders.

---

---

Issues: Whether the appellate order, passed on a later date without notice to the petitioner after the matter had been reserved, was sustainable in law and whether the matter required remand for fresh decision.

Analysis: The record disclosed no provision or notification empowering the appellate authority to pronounce the order on a date other than the date fixed without notice to the petitioner. The petitioner was not informed of the later date and was not heard before the order was delivered. In these circumstances, the defect went to the fairness of the appellate proceedings and attracted the principles of natural justice. The controversy was covered by the earlier decision relied upon by the petitioner.

Conclusion: The appellate order was unsustainable and was quashed. The matter was remanded for de novo consideration after granting due opportunity of hearing to all stakeholders.

---