CCS Rules & Principles of Natural justice
1. Audi Alterm partem
The
second principle of natural justice is audi alteram partem, which means "
hear the other side" or "no man should be condemned unheard" or
both sides must be heard before passing any order. In short, before an order is
passed against any person, reasonable opportunity of being heard must be given
to him. This includes two elements.
(i) Notice
(ii) Hearing
Before
and any action is taken, the affected party must be given a notice to show
cause against the proposed action and seek his explanation. Any order passed
without giving reasons is against the principles of natural justice and void ab
initio,
Even
if there is no provision in the Statute about giving of notice, if the order in
question adversely affects the rights of an individual, the notice must be
given. The notice must be clear, specific and unambiguous and the
charges should not be vague and uncertain. Whether a prejudice is caused or
not is a question of fact and it depends on the facts and circumstances of the
case.
Moreover
the notice must give a reasonable opportunity to comply with the requirements
mentioned therein.
ii.
24 hours time to dismantle a structure invalid
To
give twenty four hours notice time to dismantle a structure alleged to have
been in dilapidated condition is not proper and the notice is not valid.
[State
of i Kv. Haji Wali Mohd, AIR 1972 SC 2538]
iii.
The second requirement of audi alteram partem is that the person concerned must
be given an opportunity of being heard before any adverse action is taken
against him.
The
historic case of Ridge v. Baldwin [( 1962) 2 All ER 834] has been described as
the magna carta of natural justice conforming to the second requirement of
natural justice. In the instant case a Chief Constable was dismissed from
service by a Watch Committee without notice and enquiry. The House of Lords
held that the power of dismissal could not be exercised without giving a reasonable
opportunity of being heard and without observing the principles of natural
justice. The order of dismissal was, therefore held to be illegal.
iv.
Similarly, in the State of Orissa v. Binapani Dei, AIR 1967 SC 1269, the
petitioner was compulsorily retired from service on the ground that she had
completed 55 years of age. No opportunity of hearing was given to her before
the impugned order was passed. The Supreme Court set aside the order as it was
violative of the principles of natural justice.
V.
However, the rules of natural justice are not embodied rules and they cannot be
imprisoned within the strait jacket of a rigid formula. The contents of natural
justice vary with the nature of the enquiry, the object of the proceeding, the
scheme and policy of the statute, the nature of the power conferred upon the
authority, the right or interest sought to be affected, etc. If reasonable
opportunity and fair hearing is afforded to the party and the order has been
passed by an authority or officer in accordance with law, it cannot be set
aside or quashed on the ground of mere technicality or by artificial expansion
of the principles. That there cannot be any hard and fast rule about the manner
in which hearing should be given to the affected party has been laid down in
Scheduled Caste and Weaker Section Welfare Association v. State of Karnataka,
(1991) 2 SCC 604. Whether the said opportunity of being heard should be by
written representation or by personal hearing depends on the facts of each case
and ordinarily it is in the discretion of the Tribunal.
Sir
ReplyDeleteAudi Alterm partem with judgements
nice to read🙏