Case Note & Summary
The petitioner, M/s Jai Mata Engineering Limited, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging an order dated 03.10.2025 passed by the appellate authority (respondent). The dispute arose from a spot visit of the petitioner's unit by authorities on 19.09.2025, and a report dated 03.09.2025 was supplied to the petitioner on 25.09.2025. On 03.10.2025, the matter was kept for orders and the appellate authority passed the impugned order. Upon perusal of the original records, the High Court found a glaring procedural irregularity: an endorsement made on 07.10.2025 stated that the date of personal hearing was scheduled on 08.10.2025, which was recorded inadvertently, and the appellate authority warned the lower authority about this clerical mistake. Subsequently, the order dated 03.10.2025 was uploaded on 08.10.2025. The court noted that there were two endorsements regarding the incorrect date of hearing, indicating that the order was passed before the purported hearing date, thereby denying the petitioner a proper opportunity of being heard. The court held that this violated principles of natural justice and quashed the impugned order. The matter was remanded back to the appellate authority for fresh consideration after affording a reasonable opportunity of hearing to the petitioner. Rule was made absolute.
Headnote
A) Administrative Law - Natural Justice - Right to Hearing - Procedural Irregularity - The appellate authority committed a procedural irregularity by recording an incorrect date of personal hearing (08.10.2025) after passing the order on 03.10.2025, indicating that the order was pre-determined without affording proper hearing - Held that such action violates principles of natural justice and the order is liable to be quashed (Paras 3-3.1).
Issue of Consideration
Whether the appellate authority's order dated 03.10.2025 is vitiated by procedural irregularity and denial of natural justice due to incorrect recording of hearing date and failure to provide proper opportunity of hearing.
Final Decision
The impugned order dated 03.10.2025 passed by the appellate authority is quashed and set aside. The matter is remanded back to the appellate authority for fresh consideration after affording a reasonable opportunity of hearing to the petitioner. Rule is made absolute.
Law Points
- Natural justice
- Right to hearing
- Procedural fairness
- Clerical error
- Quashing of order
