AUDI ALTERAM PARTEM

AUDI ALTERAM PARTEM

Hear the other side

Enquiry without hearing other side - Action was taken against an officer: Neither the complainant nor any witness was examined. More over the petitioner was not given the sufficient opportunity to participate in the enquiry. So the enquiry is vitiated. [K.B. Mukundalal v. The Deputy Director of Panchayaths O.P.No.17106 of 1994, dated 1-11-1999. D. Sreedevi, J.]

Natural Justice - Rules of natural justice are not codified cannons. But they are principles ingrained into the conscience of man. The expression 'natural justice and legal justice' do not present a water-tight classification. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb o this principle. The principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi - judicial authority while making an order affecting those rights. [State of Kerala v. B. Mohanan. W.ANo.1581 of 1999, dated 10-11-1999. Chief Justice Mr. Arijit Pasayat & K.S. Radhakrishan, J.]

Notice of supersession of the Board of Directors of a Co-operative Society. There is no provision in the Act which provides of individual notices to each member. So long as there is no individual notice is contemplated under the Act, it cannot be said that the individual notice should be issued. [Reghavan.K. vs. Joint Registrar of Co-operative Societies and another. 1997(1) KLJ 253 = ILR 1997(2) Ker 124. K.G.Balakrishnan (CJ) & S.Krishnan Unni (J)]

Complaint that something has been done against the rights, interests or reasonable expectations of a person - Body exercising the powers of merely advisory nature, - Investigating or conciliatory character or which do not have legal effect until confirmed by another body, or involve only the making of preliminary decisions , will not normally be held to be acting in a judicial capacity requiring the observance of the rules of natural justice. [ Kuttali vs. District Collector. 1987(1) KLT 911. M.P.Menon (J) ]

In hearing the other side the administrative authority is called upon to act within the framework of the statute and administrative constraints. Non-supply of reports of administrative enquiries made for the purpose of collecting information are not violative of the principles of natural justice. [M..M.Abdul Rahiman vs. Jt.Registrar. 1993(2) KLJ 197]

The power was exercised by the Assessing authority without affording an opportunity of hearing and without passing a speaking order. Such a defect cannot be cured by mere fact that it was in affirmed or varied in the revisional order. [Malayalam Plantations (India) Ltd. v. Commissioner of Income Tax, 1988 (2) KLT 501 = 1988 (174) ITR 587 (DB), Paripoornan & Balakrishnan (JJ)]

In the instant case, the order of the Government is vitiated for violation of principles of natural justice in not having afforded an opportunity to the respondent to put his case. [Raju Varghese v. State of Kerala & others, 1985 KLT SN 13, Balakrishna Menon (J)]