Natural justice breach in ex parte adjudication led to setting aside the order and remand for fresh hearing.

Ex parte adjudication was set aside where the department failed, despite repeated opportunities, to produce the record proving service of the show cause notice and notice of hearing. The tribunal accepted the appellants' grievance that they had not received effective notice or an opportunity to file a reply and be heard, and held that the adjudication breached the principles of natural justice. The matter was remanded to the Adjudicating Authority for proper service of the notice, filing of reply, grant of personal hearing, and a fresh decision in accordance with law.

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Issues: Whether the ex parte adjudication order was vitiated for want of service of the show cause notice and denial of an opportunity to file a reply and be heard, warranting setting aside of the order and remand.

Analysis: The department failed to produce the record despite repeated opportunities to establish service of the show cause notice and notice of hearing. In the circumstances, the appellants' grievance that they had not received the notice or any effective opportunity to defend themselves was accepted, and the adjudication was found to be contrary to the principles of natural justice.

Conclusion: The impugned order was set aside and the matter was remanded to the Adjudicating Authority for service of the show cause notice, filing of reply, grant of personal hearing, and fresh decision in accordance with law.

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