46 Principles of Natural Justice as they apply to Departmental Proceedings
204. Principles of Natural Justice as they apply to Departmental Proceedings
204. Principles of Natural Justice as they apply to Departmental Proceedings
(i) “Firstly, I think that the person accused should know nature of accusation made; secondly, that he should be given an opportunity to state his case; and thirdly, of course, that the tribunal should act in good faith. I do not think that there really is anything more.”
[Byrne 1: Kinemetograph Reuters Society (1958) All ER 579]
(ii) “Stating it broadly and without intending 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, that the evidence of the opponent should be taken in his presence, and that he should be given an 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.”
[Union of India v. T. R. Varma, AIR 1957 SC 882]
205. It is settled law that if the rule requires something to be done in a particular manner it should be done either in the same manner or not at all
[Taylor v. Taylor (1875) 1 Ch.D. 426, 431
[State of Tamil Nadu v. Promod Kumar, C.A. -8427-28 of 2018 d. 21.8.2018 (SC)]
206. An unreasonable provision even if not violative of Art. 14 on ground of discrimination is liable to be struck down
“We might mention here that even though the conditions mentioned above may not violative of Art. 14 on the ground of discrimination but if it is proved to our satisfaction that the conditions laid down are entirely unreasonable and absolutely arbitrary, then the provisions will have to be struck down".
[Air India v Nargesi Meera (1981) SCC 335, para 71]
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