Opportunity of hearing requirement vitiates adjudication when notice is absent, so the matter was remanded for fresh decision.

An adjudication order cannot be sustained where the record does not show that notice of hearing was issued before the order was passed, because denial of an opportunity of hearing vitiates the proceedings. The matter was sent back to the jurisdictional authorities for fresh adjudication after granting a proper hearing, and the party was directed to cooperate and appear on the fixed date.

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Issues: Whether the adjudication order could stand when notice of hearing was not shown to have been issued and the matter required remand for fresh adjudication.

Analysis: The order recorded a statutory requirement to issue notice of hearing before passing the adjudication order. As there was no evidence that such notice had been issued, the denial of an opportunity of hearing vitiated the proceedings. The matter was therefore directed back to the jurisdictional authorities for re-adjudication, with a direction to the party to cooperate and to appear on the fixed date.

Conclusion: The matter was remanded for fresh adjudication after affording an opportunity of hearing, and the appeal was allowed by way of remand.

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