21. Principle of Natural Justice, Constitutional Safe Guards. Protection granted under the principle of natural justi.ce. The principle of natural justice requiring in the process. Reasonable Opportunity to defend

 1.    PRINICIPLES OF NATURAL JUSTICE

 

101. Principle of Natural Justice

The procedure for Departmental Inquiries is based on the principles of Natural Justice. The principles of natural justice have been evolved by courts of law through judicial pronouncements.

They are: -    

(i) No one shall be condemned unheard.

(ii) No one shall be a judge in his own cause.

(iii)Justice should not only be done, but should manifestly appear to have been done.

(iv) A clear speaking order.

 

102. Constitutional Safe Guards

Article 311 (1) Provides the protection that nobody subordinate to the appointing authority can dismiss or remove and employee from service.

Article 311 (2) Provides protection that no employee shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

 

103. Audi Alteram Pattern-  Protection granted under the principle of natural justice

Audi Alteram Pattern is basically a protection against arbitrary administrative action comprises within itself a number of rights. This rule implies that the accused has a right to

(a) know the charge

(b) inspect documents

(c) know the evidence

(d) cross examine witnesses

(e) lead evidence

In essence, the protections granted under Article 311 (2) of the Constitution as well the CCA Rules are codification of the above principle of natural justice.

 

104. The principle of natural justice requiring in the process of disciplinary proceedings by issuing speaking orders

The following orders issued in the course of disciplinary proceedings, must be speaking orders:

❖ Orders disposing of the allegations of bias on the part of Inquiry Authority and requesting for change

❖ Orders dealing with the request for appointment of a Legal Practioner as a Defence Assistant

❖ Orders dealing with the request for appointment of a person from outstation as a Defence Assistant

❖ Orders rejecting the request for defence documents/witnesses

❖ Orders deciding on request for adjournment

❖ Final orders imposing penalty

❖ Orders of the Appellate, Revisionary or Reviewing authority

105. Reasonable Opportunity to defend

In relation to the three major punishments of dismissal, removal and reduction in rank, Clause (2) of Art 311 mandates the compliance of natural justice. It provides the procedural essentials to be followed before the dismissal, removal or reduction in rank of an employee. An opportunity to defend has to be given to the civil servant at the stage of enquiring of charges against him. This opportunity to defend himself, does not, it will be noted, apply to all cases of termination of service by the Government. The protection under Article 311 (2) can be available only where dismissal, removal or reduction in rank is sought to be inflicted by way of punishment and not otherwise.