Natural justice requires disclosure of relevant material in parallel adjudication proceedings, including records relied on against a noticee.

Access to material used in parallel adjudication proceedings was held essential to a fair defence where the same factual matrix and a common adjudicating officer were involved. The refusal to inspect and obtain the co-noticee's replies, submissions, annexures, exhibits and data was treated as prima facie unfair because relevant material that may be relied on against a noticee must be disclosed, and withholding it can also raise a risk of bias. The appellant was therefore entitled to inspect the available records and take notes, and the authority was required to furnish the specified documents and fix a fresh hearing date.

---

---

Issues: Whether the appellant was entitled to inspection and supply of documents, replies, written submissions, annexures, exhibits and data relating to the co-noticee in parallel adjudication proceedings, and whether denial of such material violated the principles of natural justice.

Analysis: The amended show cause notice arose from the same factual matrix involving the appellant and the co-noticee, and the adjudicating officer was common to both proceedings. The right to defend effectively requires access to material that may be used in the adjudication. Where relevant material is withheld, there is prima facie unfairness. In parallel proceedings, especially where the authority is privy to the co-noticee's documents, non-disclosure may also create a risk of bias. The material sought was therefore treated as relevant to a fair hearing, and the appellant was entitled to inspect the available records and take notes.

Conclusion: The appellant was entitled to the requested inspection and disclosure, and denial of access to the co-noticee's relevant materials was unjustified.

Final Conclusion: The appeal succeeded and the adjudicating authority was required to furnish the specified documents and thereafter fix a fresh hearing date.

Ratio Decidendi: In adjudicatory proceedings, all material relevant to the defence must be disclosed or made available for inspection if it may be relied upon against the noticee, and withholding such material in parallel proceedings offends natural justice.

---