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22. Principles of Natural Justice - traditional English Law. Four principles of Natural Justice Case-Law. Perverse Finding - Contrary to natural justice. Speaking order or Reasoned Decisions. Natural justice vis-a-vis departmental proceedings

 106. Principles of Natural Justice - traditional English Law

The traditional English law recognises two principles of natural justice :(1) Nemo De bet esse judex in propria sua causa : No man shall be a judge in his own cause or the deciding authority must be impartial and without bias.

(2) Audi Alteram partem : Hear the other side, or both the sides must be heard, or no man should be condemned unheard or that there must be fairness on the part of the deciding authority.

Due to rapid growth of constitutional as well as administrative law, a third principle of natural justice has been evolved;

(3) Speaking orders or Reasoned decisions : All orders should be supported by reasons.

107. Four principles of Natural Justice Case-Law

The quintessence of the rules of natural justice in its journey through centuries has shed much of its glories and is now crystallised into four principles of justice namely :

(a) opportunity for both the contending parties to be heard;

(b) hearing before an impartial Tribunal so that no man can be judge of his own cause;

(c) decision made in good faith; and

(d) an orderly course of procedure

[Saxby and Parmer (India) Ltd. v. Third Industrial Tribunal, (1962) II LLJ 52 (56) (Calcutta High Court).]

 

108. Perverse Finding - Contrary to natural justice

A perverse finding is a finding which is not supported by evidence and is impelled by arbitrariness or prejudice. If a finding of the Inquiry Officer is one which is not supported by evidence or is such that no rational or reasonable man can demonstrably reach on the evidence, it will be set aside on the ground that it is perverse.

[Central Bank of India v. P.C. Jain, 1969 II LLJ 377]

 

109. Speaking order or Reasoned Decisions

·        A speaking order means an order speaking for itself. In other words, it means that an order must contain reasons in support of it. The party affected must know why and on what grounds an order has been passed against him. This is one of the cardinal principles of natural justice.

·        The rule requiring reasons to be given in support of an order is like the principles of audi alteram pattern, a basic principle of natural justice which must conform every quasi-judicial process and this rule must be observed in its proper spirit and mere pretense of compliance with it would not satisfy the requirement of law.

[Seimens Engineering v. Union of India, AIR 1976 SC 1785.]

110. Natural justice vis-a-vis departmental proceedings

The 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]



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