2025 (1) TMI 527 - AT - Central Excise

Dismissal of appeal - appeal dismissed on merits as well as for want of pre-deposit - violation of principles of natural justice - HELD THAT - The order passed in violation of the principles of natural justice cannot survive and has to be set aside for re-adjudication of the same by some other competent person to decide the matter. Conclusion - Matter remanded back to the Commissioner (Appeals) for reconsideration of the appeals as pre-deposit for filing of these appeals have been made before the Tribunal, Commissioner (Appeals) should treat the same as pre-deposit for hearing the appeals without insisting for further pre-deposit. Appeal allowed by way of remand.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the principles of natural justice were violated when the same person who issued the Show Cause Notice also decided the appeal.
Whether the order passed in violation of these principles can be sustained or needs to be set aside for re-adjudication.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Violation of Principles of Natural Justice

Relevant legal framework and precedents:
The principles of natural justice, primarily 'Nemo judex in causa sua' (no one should be a judge in their own cause) and 'Audi alteram partem' (hear the other party), are fundamental to ensuring fairness in judicial and quasi-judicial proceedings. The judgment references several precedents, including B. N. Jha and Manak Lal v. Prem Chand, highlighting the importance of these principles in maintaining the integrity of the judicial process.
Court's interpretation and reasoning:
The court found that the same individual who issued the Show Cause Notice also adjudicated the appeal, which contravenes the principle of 'Nemo judex in causa sua'. This creates a perception of bias, undermining the fairness of the decision-making process.
Key evidence and findings:
The evidence presented showed that the adjudicator was the same person who had issued the initial notice, a fact undisputed by the parties involved. This was the crux of the argument regarding the violation of natural justice.
Application of law to facts:
The court applied the principles of natural justice to the facts, concluding that the decision-making process was inherently biased due to the involvement of the same individual in both issuing the notice and deciding the appeal.
Treatment of competing arguments:
While the respondent may have argued for the validity of the decision, the court focused on the appearance of bias and the potential impact on the fairness of the process, ultimately siding with the appellant's argument regarding the violation of natural justice.
Conclusions:
The court concluded that the order was passed in violation of the principles of natural justice and therefore could not be sustained. The matter required re-adjudication by a different competent authority.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning:
"The duty to act fairly is the theme of the principles of natural justice. The Rule generally applies with full force to conduct leading directly to a final act of decision."
"Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking; The Judge was biased."
Core principles established:
The judgment reaffirms the necessity of adhering to the principles of natural justice, particularly the rule against bias. It emphasizes that decisions must not only be fair but must also be perceived as fair by reasonable observers.
Final determinations on each issue:
The appeals were allowed, and the matter was remanded back to the Commissioner (Appeals) for reconsideration. The court instructed that the pre-deposit made should be treated as sufficient for the hearing of the appeals without requiring further deposit.