POST OFFICE REGULATIONS – 2024 -1

CCS Rules & Principles of Natural justice

 1.    No man should be vexed twice for the same offence

i. The maxim. nemo debit bis vexari implies that no man should be vexed twice.

Art. 20 (2) of the Constitution of India lays down that "No person shall be prosecuted and punished for the same offence more than once".

ii. When in the previous inquiry the officer was exonerated then the decision cannot be reviewed unless permitted by express statutory provisions because of principle that no one should be vexed twice for the same charge also applies to departmental inquiry.

[Kalyan Singh v. State of Punjab ILR (1967) I Punj. 471]

2.    Circumstances under which principles of natural justice inapplicable

(a) Statutory Exclusion : If a statutory provision either specifically or by necessary implication excludes the application of any or all of the principles of natural justice, then the court cannot ignore the mandate of the Legislature or the statutory authority.

[Union of India v. Tulsiram Patel, (1985) 3 SCC 398]

(b) Legislative action : In legislative action like fixing price, etc., it is not necessary to issue notice and afford hearing.

[Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 160]

(c) Necessity : An exception to the rule that no man shall be a judge in his own cause is the doctrine of necessity. An adjudicator who is subject to disqualification on ground of bias or interest may have to adjudicate a claim if there is no other person competent or authorised to do so or the administration would break down.

[J. Mohapatra & Co. v. State of Orissa, (1984) 4 SCC 130]

3.    Whether violation of natural justice can be cured at appellate stage

I, Wade in Administrative Law has said that if natural justice is violated at the first stage, the right of appeal is not so much a true right of appeal as a corrected initial hearing; instead of fair trial followed by appeal, the procedure is reduced to unfair trial followed by fair trial.

ii. In the leading case of Leary v. National Union of Vehicle Builders, (1970) 2 All ER 713, it has been held that "as a general rule at all events, I hold that a failure of natural justice in the trial body cannot be cured by a sufficiency of natural justice in an appellate body."

Natural justice vis-a-vis departmental proceedings

No commentary on principles of natural justice is complete without bringing out its implications particularly with regard to departmental proceedings. This is because the reasonable opportunity to defend as propounded in Art. 311 (2) is one of the vital aspects of natural justice. It means that there should be procedural fairness before holding a public servant guilty of misconduct and imposing punishment on him for misconduct. As to the rules of Natural justice in relation to Article 311 (2) Venkataraman Aiyar (J) said :

Stating it broadly and without intending it to be exhaustive, it may be observed that rules of natural justice require that a party should have the opportunity of adducing all relevant evidence on which he relies, the evidence of the opponent should be taken in his presence, and that he should be given the opportunity of cross-examining the witnesses examined by that party, and, that no materials should be relied on against him without his being given an opportunity of explaining them. It is hardly necessary to emphasise that the right to cross examine the witnesses who give evidence against him is a very valuable right and if it appears that effective exercise of his right has been prevented by the enquiring officer by not giving to the officer relevant documents to which he is entitled, that inevitably would mean that the enquiry had not been held in accordance with the rules of natural justice.

[Union of India v. T. R. Verma, AIR 1957 SC 882]

iii. Application of the principle features of natural justice in relation to departmental proceedings are -

(a) Issuance of charge sheet :

(b) Opportunity to file defence

(c) Disclosure of documents/materials

(d) Inspection of documents

(e) Production of witnesses

(f) Opportunity of Cross-Examination

(g) Legal representation

(h) Notice of enquiry

(i) Adjournment