CCS Rules & Principles of Natural justice
1. What
Reasonable Opportunity means
i.
In several decisions of the Supreme Court the question has arisen : What does
the expression "reasonable opportunity" mean? It has been said
that what is reasonable is not necessarily what is best but is fairly
appropriate under all the circumstances of the cases. It implies an opportunity
to deny the guilt alleged, to establish innocence by cross-examining the
prosecution witnesses and by examining himself and his witnesses.
ii.
The Supreme Court of India has said that reasonable opportunity envisaged to
the Government servant by the provision contained in Art. 311 (2) includes;
(i)
an opportunity to deny his guilt and establish his innocence which he can only
do if he is told what the charges levelled against him are and the allegations on
which such charges are based.
(ii)
an opportunity to defend himself by cross-examining the witnesses produced
against him and by examining himself or any other witness in support of his
defence.
[Khem
Chand v. Union of India, AIR 1958 SC 300]
2. Personal
hearing part of reasonable opportunity
i.
The right to argue is a part of personal hearing and since personal hearing is
part of reasonable opportunity, denial of right to argue is violative of Art
311 (2) of the Constitution.
[C.S. Sharma v. State of U.P, AIR 1961 All 45]
ii.
Personal hearing enables the authority concerned to watch the demeanour of the
witnesses and clear up his doubts during the course of the arguments, and the
party appearing to persuade the authority by reasoned argument to accept his
point of view.
[Gullapallai
Nageswar Rao v. APSRTC, AIR 1959 SC 308]
Sir
ReplyDeleteReasonable opportunity under the head of principles of natural justice judgements we knew
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