Natural justice and effective hearing require remand where hospitalization prevented the party from presenting its case properly.

The Orissa HC set aside the impugned order-in-original and remanded the matter for fresh adjudication because the petitioner's illness and hospitalization had prevented an effective defence before the authority. Accepting that proper representation had not been possible, the Court granted one further opportunity of hearing and directed the adjudicating authority to fix a fresh date on timely communication of the order and decide the case afresh.

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Issues: Whether the impugned order-in-original warranted interference and remand on account of the petitioner's hospitalization and inability to effectively present his case before the adjudicating authority.

Analysis: The sequence of the petitioner's illness, hospitalization, issuance of the demand-cum-show-cause notice, and the resulting adjudication persuaded the Court to grant one last opportunity of hearing. The Court accepted that the petitioner should be enabled to represent his case properly before the authority and directed that, upon timely communication of the order, the authority would fix a fresh hearing and decide the matter again.

Conclusion: The impugned order was set aside and the matter was sent back to the adjudicating authority for a fresh decision after giving the petitioner one further opportunity of hearing.

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