Natural justice in adjudication: ex parte order set aside after promised hearing was not granted.

An ex parte adjudication order was held unsustainable because the noticees were denied a fair opportunity of hearing. Counsel had sought an adjournment before the scheduled hearing, the request was not refused, and an adjournment was promised, but the authority later passed the order without fixing any further hearing after transfer of the matter. Earlier opportunities noted by the adjudicating authority did not cure this defect, because the promised post-transfer hearing was not granted. The order was therefore vitiated for breach of natural justice and was set aside.

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Issues: Whether the ex parte adjudication order was liable to be set aside for want of proper opportunity of hearing.

Analysis: The noticees had sought an adjournment through counsel before the scheduled hearing, and the request was not refused; instead, an adjournment was promised. In these circumstances, passing the adjudication order without fixing any further hearing denied the appellant a fair opportunity to present its case. The prior opportunities referred to by the adjudicating authority did not cure the defect arising from the failure to grant the promised hearing after transfer of the matter to the new adjudicating authority.

Conclusion: The ex parte order was vitiated for breach of natural justice and was set aside.

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