Natural justice, Disciplinary Authority Framing and Issue of Charge Sheet

 

29. Natural justice, Disciplinary Authority Framing and Issue of Charge Sheet

141. “Natural justice is no unruly horse, no lurking land mine, nor a judicial cure all” - observed Krishna Iyer, J. in Chairman, Board of Mining Examination v. Ramjee, AIR 1977 SC 965. In Bholanath v. Management of D.T.U., the Delhi High Court observed -”Natural justice prescribes only a minimum standard of fair procedure and this minimum cannot be bloated into a rigmarole of technicalities to vitiate the inquiry somehow or other. To do so would not be natural justice but on the other hand unnatural or perverted justice” (SLR (1971)2 Delhi 240].

142. Disciplinary Authority: If the person who happens to be the disciplinary authority of the delinquent employee has some personal cause of bias against him, he cannot function as the disciplinary authority. Further, if the subject-matter of inquiry is such which in some way concerns the person who happens to be the disciplinary authority of the delinquent, such a person becomes ineligible to function as disciplinary authority [Arjun Choubey v. Union of India, AIR 1984 SC 1356], or when he is a witness in the case [ibid.; State of U.P. v. Mohd. Nooh, AIR 1958 SC 86].

143. This requirement is based on the principle that no person shall be a judge in his own cause. The reason is, as beautifully stated by Lord Hewart C.J. in R. V. Sussex JJ. exparte McCarthy, (1924)1 KB 256 :

“It is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seem to be done."

144. Framing and Issue of Charge Sheet: The issue of charge sheet is an essential requirement. The employee must be told what are the charges leveled against him and the allegations on which they are based [Khem Chand v. Union of India, AIR 1958 SC 300, para 19].

145. He must also be informed of the evidence on which the charges are sought to be established so that he can put forward his defence (ibid., para 18).

 

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