Principles of natural justice and availability of...

Principles of natural justice and availability of cross-examination were central: where a request for cross-examination is not established, omission to allow it cannot ipso facto vitiate adjudication under Section 138B of the Act; conversely, if a request was made and denied, procedural non-compliance would invalidate proceedings. The Tribunal failed to determine whether a request for cross-examination was ever made; consequently the appellate order was quashed and the matter remitted to the Tribunal to examine adjudicating records and decide the question of request and ensuing compliance with Section 138B.

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