Improper service and denial of hearing led to quashing of an ex parte adjudication order and fresh reconsideration.

An ex parte adjudication order could not be sustained where the petitioner claimed that a change of address had already been intimated and service was nonetheless effected at the old address. Proper service at the correct address went to the root of the hearing requirement, and denial of an effective opportunity to be heard rendered the adjudication vulnerable. The impugned order was quashed and set aside, and the matter was directed to be reconsidered afresh after giving the petitioner an opportunity of hearing and passing a reasoned order in accordance with law.

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Issues: Whether the ex parte adjudication order could be sustained when the petitioner claimed that the change of address had been intimated to the department and service was effected at the old address, thereby denying a fair opportunity of hearing.

Analysis: The order was passed ex parte and the petitioner remained unrepresented at the hearing. The dispute centered on whether proper service had been effected at the correct address after the alleged intimation of change of address. Since service at the correct address went to the root of the matter, denial of an effective hearing rendered the adjudication vulnerable.

Conclusion: The impugned order could not be sustained and was quashed and set aside. The matter was directed to be reconsidered afresh after affording the petitioner an opportunity of hearing and passing a reasoned order in accordance with law.

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