Withdrawn adjudication order cannot be confirmed, and fresh remand demands hearing and consideration of binding law.

An appeal against a withdrawn order-in-original was treated as infructuous and dismissed. A later adjudication order passed after remand was set aside because it purported to confirm an order that had already been withdrawn, contrary to the direction for a fresh decision after personal hearing. The authority was also required to consider the binding clarificatory ruling in Ujagar Prints before deciding afresh. The matter was remanded for reconsideration in accordance with law, after giving both parties an opportunity of hearing.

---

---

Issues: (i) whether the appeal against the withdrawn order-in-original survived for adjudication; (ii) whether the subsequent adjudication order, passed after remand and fresh hearing, could be sustained.

Issue (i): whether the appeal against the withdrawn order-in-original survived for adjudication.

Analysis: The impugned order had already been withdrawn, and the appeal challenged that withdrawn order.

Conclusion: The appeal became infructuous and was dismissed.

Issue (ii): whether the subsequent adjudication order, passed after remand and fresh hearing, could be sustained.

Analysis: The later order purported to confirm an earlier order that had already been withdrawn, contrary to the direction for a fresh decision after personal hearing. It also failed to consider the impact of the clarificatory ruling in Ujagar Prints before disposing of the matter afresh.

Conclusion: The subsequent order was set aside in entirety and the matter was remanded for fresh adjudication in accordance with law after giving the parties an opportunity of hearing.

Final Conclusion: One appeal failed as infructuous, while the remaining appeals succeeded to the extent that the adjudication order was annulled and the dispute sent back for reconsideration.

Ratio Decidendi: An adjudication order cannot validly confirm an order that has already been withdrawn, and where a matter is remitted for fresh decision, the authority must pass a reasoned order after hearing the parties and considering applicable binding law.

---