Broadly speaking, requirements of the principles shall stand satisfied; Refusal to supply the preliminary inquiry report is against to denial of natural justice;Extension of similar benefits to the equals

 26 Broadly speaking, requirements of the principles shall stand satisfied in the following situations

126. The final order is a speaking order i.e. , it contains reasons for the conclusions reached [State of Punjab v. Bakhtawar Singh, AIR 1972 SC 2083].

127. Refusal to supply the preliminary inquiry report is against to denial of natural justice

Refusal to supply the preliminary inquiry report to the delinquent official for cross examination of the officer who conducted the preliminary inquiry constitutes denial a reasonable opportunity and attracts the provisions of Article 311(2) of the Constitution.[P. Bhargava V Supdt of Police Mangalore 1984(1)SLR Kar 23]

128. No punishment twice for the same cause

As per Art 20(2) of the Constitution of India, “no person shall be prosecuted and punished for the same offence more than once”.

129. Extension of similar benefits to the equals

Not extending similar benefits to similarly placed persons would amount to discrimination and violation of Article 14 & 16 of the Constitution

[R. Sambandar V Comptroller & AG of India 1990 (1) ATJ 466 (MS): ATR 1990 (1) CAT 253 (1990) 13 ATC 666 Principal Bench of CAT & AK Khanna V UOI & others ATR 1988 (2) CAT 18 1989 (1) ATJ 71]

 130. Denial of furnishing of Preliminary report is violation of principle of natural justice

Denial of furnishing of Preliminary Inquiry report, forming basis for the proceedings, violation of Principles of Natural Justice.

[CAT Principal Bench ND OA 30 of 1988 Ishwas Singh V UOI & others DOJ 21.05.1993]

 

 

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