Natural justice and personal hearing defects led to remand for fresh adjudication after an effective opportunity to be heard.

Denial of an effective personal hearing and failure to grant a meaningful opportunity of representation constituted a breach of natural justice. Because the hearing notice was received after the scheduled date and a fresh date was promptly sought, the adjudication was vitiated. The proper course was to set aside the adjudication and remand the matter for de novo consideration after affording the appellants a hearing.

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Issues: Whether the impugned adjudication was vitiated for denial of personal hearing and breach of principles of natural justice, warranting remand for fresh decision.

Analysis: The record showed that the hearing notice was received after the scheduled date and the request for another date was made promptly. In these circumstances, the adjudicating authority was found to have proceeded without affording an effective opportunity of representation, which constituted violation of natural justice. The proper course was to set aside the adjudication and send the matter back for fresh consideration after giving the appellants an opportunity of hearing.

Conclusion: The matter was remanded to the adjudicating authority for de novo adjudication after granting the appellants an opportunity to present their case.

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