194. Natural justice – Non observation resulting reinstatement in to service
“Natural Justice – Charge of non-delivery of two insured letters – The said letters were delivered and Left Thump Impression (LTI) of the addressee followed by signature of identifying person obtained – LTI is more reliable proof of delivery as compared to the signature which may likely to vary- Enquiry held at a place which was not known to applicant – Held violation of principles of natural justice – Order of dismissal from service quashed- Reinstatement with all consequential benefits ordered”. Dayanand v Union of India & Ors. 2005(3) A.T.J. CAT (Allahabad) 278.
195. When principles of Natural justice not attracted
(a) where the employee pleads guilty in the rules.
(b) where interim suspension is directed pending enquiry
(c) disclosure of sensitive information
(d) where no rights are affected
(e) where rules expressly authorise enquiry to proceed ex parte in certain circumstances.
(f) Where deprivation of hearing is caused through negligence of lawyers.
196. NON APPLICATION OF PRINCIPLES OF NATURAL JUSTICE
The Supreme Court in the case of Karaipac and others Vs Union of India (AIR 197 SC 150) held that the rules of natural justice can operate only in area not covered by law validly made. In other words, they do not supplant Law but supplement it.
197. Articles 310 and 311 apply to Government servants, whether permanent, temporary, officiating or on probation.
[Purushotham Lal Dhingra vs. Union of India, AIR 1958 SC 36]
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