Fair hearing requires disclosure of adverse material before fixing rolling mill capacity; matter remanded for fresh decision.

Annual capacity of rolling mills could not be sustained where it was fixed on the basis of a verification report and technical opinions that were not supplied to the appellants. Because the material used against them was gathered behind their back, they had no effective opportunity to rebut it, resulting in denial of a fair hearing. The matter was remanded to the Commissioner for a fresh decision after granting personal hearing and permitting the appellants to adduce evidence in support of their case.

---

---

Issues: Whether the annual capacity of the rolling mills, fixed on the basis of a verification report and technical opinions not supplied to the appellants, could be sustained.

Analysis: The annual capacity was determined on the basis of material gathered behind the appellants' back, and copies of the verification report and expert opinions were not furnished to them. As a result, the appellants had no effective opportunity to rebut the material used against them. This amounted to denial of a fair hearing.

Conclusion: The matter was remanded to the Commissioner for fresh decision after granting the appellants an opportunity of personal hearing and to adduce evidence in support of their case.

---