Natural justice and speaking orders require reasoned consideration of the defence before relying on a confession.

An adjudication order was set aside because it failed to deal with the appellant's reply and did not give reasons on material defences, including coercion, threat, retraction of confession and injuries. The appellate authority held that an order with civil consequences must consider the defence case and record a speaking decision, especially where the adjudication relied mainly on a confession without examining whether it was voluntary. The matter was remanded for fresh adjudication after granting personal hearing and passing a reasoned order.

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Issues: Whether the adjudication order was liable to be set aside for not dealing with the appellant's reply and for failure to pass a speaking order, warranting remand.

Analysis: The appellate authority found that the reply to the show cause notice contained specific pleas, including coercion, threat, retraction of confession, and injuries, but the adjudication order did not discuss or reject those pleas with reasons. The order proceeded mainly on the confession without examining whether it was voluntary. An order affecting civil consequences was required to address the defence and record reasons, and the absence of such consideration amounted to violation of natural justice.

Conclusion: The adjudication order was set aside and the matter was remanded for fresh adjudication after granting personal hearing and passing a speaking order.

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