Natural justice requires effective hearing before ex parte adjudication; order set aside and remanded for fresh decision.

An ex parte adjudication made without an effective opportunity of hearing was treated as contrary to natural justice, so the order was set aside. Because the appellants had not been heard on the scheduled date and had not filed a reply before the adjudicating authority, the matter was remanded for de novo adjudication. The Commissioner was directed to grant the appellants an opportunity to file replies and appear before passing a fresh decision.

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Issues: Whether the ex parte adjudication, passed without effective hearing to the appellants, should be set aside and the matter remanded for de novo adjudication.

Analysis: The appellants were not heard on the scheduled date of hearing and no reply had been filed before the adjudicating authority. In the circumstances, the denial of an effective opportunity to present the defence was treated as contrary to the interests of justice. The order was therefore set aside without examination of the merits, and both matters were sent back for fresh decision after giving the appellants an opportunity to file replies and appear before the Commissioner.

Conclusion: The ex parte order was set aside and the matters were remanded for de novo decision after granting the appellants a further opportunity of hearing.

Ratio Decidendi: Where an adjudication is completed ex parte without an effective opportunity of hearing, the order may be set aside and remanded for fresh decision to ensure observance of natural justice.

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