Natural justice in rectification proceedings: order quashed for lack of hearing and remanded for fresh, reasoned reconsideration.

A rectification order was set aside because it was passed without affording a hearing and without considering the petitioner's legal and factual submissions. The High Court treated this procedural defect as sufficient to invalidate the order and directed de novo consideration by the designated authority. The authority was permitted to issue a fresh notice, grant a personal hearing, and pass a reasoned and speaking order within the stipulated time. All substantive contentions were left open for reconsideration on merits, with the proceedings remanded under principles of natural justice.

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Issues: Whether the rectification order was liable to be quashed for want of hearing and non-consideration of the petitioner's submissions, and whether the matter should be remanded for fresh adjudication.

Analysis: The rectification order was challenged on the ground that it had been passed without granting an opportunity of being heard and without considering the legal and factual material placed by the petitioner. The authorities fairly accepted that the proceedings could be restored for a fresh hearing. In these circumstances, the appropriate course was to set aside the impugned order and direct de novo consideration by the designated authority, with liberty to issue a fresh notice, grant a personal hearing, and pass a reasoned and speaking order within the stipulated time.

Conclusion: The rectification order was quashed and the proceedings were remanded for fresh consideration after affording the petitioner an opportunity of hearing.

Final Conclusion: The dispute was sent back to the designated authority for reconsideration on merits with procedural safeguards, while all substantive contentions were kept open.

Ratio Decidendi: An adjudicatory order that is passed without affording a hearing and without considering the party's material is liable to be set aside and remitted for fresh determination in accordance with natural justice.

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