Category: Idea of Procedural Fairness

ISSUE:

Whether the ex parte enquiry held by Managing Director of the Corporation into the matter was in violation of natural justice?

Whether the Managing Director was justified in cancelling the written agreement with the petitioner after a lapse of a year, without putting him to notice?

Whether a writ petition under Article 226 of the Constitution of India is maintainable to enforce a contractual obligation of the State or its instrumentality?

RULE:

No prejudice must be caused to the person who is alleging the breach of Principles of natural justice which includes the rule of audi alteram partem.

ISSUE:

Whether the rules of natural justice should be followed even when there are undisputed facts that speak for themselves since no purpose would be served by following the process of formal notice?

RULE:

The principles of natural justice is not an exclusionary rule which is dependant on whether it would have made any difference if natural justice had been observed and the non-observance of natural justice is itself prejudice to any man.

ISSUE:

Whether the Privy Council could decide if the Minister’s dissolution of the Jaffna Municipal Council violated the principles of natural justice?

Whether the principle of "audi alteram partem" (right to a fair hearing) applies to the exercise of administrative powers?

Whether the dissolution of the Jaffna Municipal Council was lawful without providing the council an opportunity to defend itself?

RULE:

Administrative decisions affecting rights or property must comply with the principles of natural justice unless explicitly excluded by statute.

The principle of audi alteram partem requires a fair hearing before a decision is made that impacts rights or property.

ISSUE:

Whether the Mr Ridge’s dismissal by the Watch Committee was void due to failure to comply with principles of natural justice?

Whether the Watch Committee acted within the statutory framework under the Municipal Corporations Act, 1882, in dismissing Mr. Ridge?

Whether the absence of adherence to Police (Discipline) Regulations renders the dismissal procedurally invalid?

RULE:

Decision-making bodies must adhere to the principles of natural justice, including providing notice of charges and an opportunity to be heard (audi alteram partem).

Actions by administrative bodies must avoid arbitrariness and align with statutory or regulatory requirements.

Decisions taken without observing natural justice are deemed void rather than voidable.

ISSUE:

Whether the allocation of government jobs and educational seats based on caste quotas under the OBC (Other Backward Classes) category is constitutional?

Whether the creamy layer should be excluded from the socially and educationally backward class?

Whether the delegation of power to the Union Government regarding criteria for identification of backward class was constitutionally valid?

RULE:

The Constitution of India allows for special provisions to advance the education and employment opportunities of socially and educationally backward classes.

The concept of the “creamy layer” refers to economically advanced individuals within backward classes who should be excluded from the benefits of reservation.

ISSUE:

Whether the immigration officer, in exercising discretion to refuse admission to H.K., acted fairly and in accordance with the rules of natural justice?

Whether mandamus or certiorari is the appropriate legal remedy to challenge the refusal of admission?

RULE:

Immigration officers must act fairly and observe natural justice to the extent permitted by the legislative framework. They must consider evidence impartially.