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The court further observed that the justice should not only be done, but should appear to be done, and this is not a euphemism for courts alone, it applied with equal vigour to all those who were responsible for fair play. How to talk to someone about their drinking, Alcohol, COVID-19, self-isolation - and you, Digital toolkit - Department of Lost Nights, Digital toolkit - Don’t know? The real test is whether a man of ordinary prudence would have a feeling of bias. These may be implied from the nature of the duty to be performed under a statute. Their contravention cannot be presumed, unless it can be shown that injustice has actually been done. Company Registration No: 4964706. These rules are intended to prevent such authority from doing injustice. Three common law rules are generally referred to in relation to natural justice or procedural fairness. The Rule of Natural Justice Audi alteram partem. Additionally, investigators and decision makers must act without bias in all procedures connected with the making of a decision. It means that no man should be condemned unheard and he has right to know the accusations levelled against him. In the case of Anjali Vs. SBI 1993 (2) Bank CLR 372, termination from bank service was based on findings which were founded on pure suspicion, and surmises without subscribing, any reason. Evidence (arguments, allegations, documents, photos, etc) presented by one party must be disclosed to the other party, who may then subject it to scrutiny. It has been suggested that the rule requiring a fair hearing is broad enough to include the rule against bias since a fair hearing must be an unbiased hearing. Where the enquiry officer found one of the charges not proved, but without issuing a show cause notice, the disciplinary authority found even that charge to be proved, it was held that the rules of natural justice were definitely violated causing prejudice to the delinquent. They tend to change with the exigencies of time, and circumstances of each case. However, principles of natural justice are subservient to statutory provisions. –in taking any decision. It would be seen that the rules of natural justice are flexible, and cannot be weighed in golden scales, nor can it be put in any straight-jacket. The maxim means that no person can be a judge in his own cause. Kraipak Vs. Union of India (AIR 1970 SC 150), the Supreme Court said that the aim of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. •Natural justice implies fairness, reasonableness, and equality. If the order is not supported by reasons, it will amount to violation of the rules of natural justice. These principles thus supplement the law and prevent the occurrence of injustice. by a person who is neither directly nor indirectly interested in the case. Rather, an investigator or decision maker should be able to clearly point to the evidence on which the inference or determination is based. This is that procedure which is held by the courts to be the rules of natural justice. Anil K Bansal describes the rules of natural justice as a hedge serving against blatant discrimination of the rights of individuals. In the case of Anandram Vaswani Vs. Union of India (1983)2 LLN 510, it was observed by the court that in the domestic enquiries, the enquiry officer, as well as the witnesses, were from the same establishment, which was sufficient to raise serious apprehension in the mind of the charge sheeted employee. The words ‘natural justice’ are derived from the Roman word ‘Jus Naturale’, which means principles of natural law, justice, equity, and good conscience. It is of importance to note that proceedings before the civil court are governed by the Code of Civil Procedure; criminal proceedings are governed by the Criminal Procedure Code, but in respect of departmental enquiries, no detailed guidelines have been codified. The promotion is valid for either 10% or 15% off any service. Orders of the disciplinary authority, which involve civil consequence, must be consistent with the rules of natural justice, otherwise the orders are likely to be set aside by the courts. Promotion runs from 00:01am to 11:59pm (GMT/UTC) on the 27th November 2020. It should be noted that the enquiry officer cannot be the person who is himself a complainant or is related to any of the witnesses or the concerned employee, or has ill-will or malice against any of the person concerned. Administrative Law The findings should also be supported by reasons because: it facilitates judicial review of findings of the enquiry officer; findings offer assurance to the parties that the decision is the outcome of rationality based on evidence as well as the records of the case; and it ensures against arbitrary or hasty action on the part of deciding authority. You can view samples of our professional work here. PRINCIPLES OF NATURAL JUSTICE. It is here that the rules of natural justice come to play their role. This is not an example of the work produced by our Law Essay Writing Service. The first rule is ‘nemo debet esse judex in propria causa’, which means that no man shall be judge in his own cause. Three common law rules are generally referred to in relation to natural justice or procedural fairness. It would be observed that about three or four decades ago, it was not required that the administrative order or the order of disciplinary authority must be supported with reasons. There is a feeling among legal luminaries that the requirement of providing reasons for any decision gives an assurance that the evidence relating to the case has been duly considered by the authority. 3. To ensure that these rights are respected, the decision maker must give people the opportunity to prepare and present evidence, and to respond to arguments presented by the opposing side. One who has any interest in the litigation is already biased against the party concerned and the findings of such authority are liable to be struck down. These principles are now well settled and can be summarised as under: (i) That every person whose civil rights are affected, must have a reasonable notice of the case he has to meet, (ii) That he must have reasonable opportunity of being heard in his defence, (iii) That the hearing must be by an impartial tribunal, (iv) That the authority must act in good faith and not arbitrarily, (v) The order should be a speaking order.
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