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RITU RAJ AWASTHI, S. R. KRISHNA KUMAR
Asian Engineers No. 264, 3rd Cross 1 St Main, Dooravani Nagar – Appellant
Versus
Managing Director Karnataka Maharshi Valmiki Schedule Tribe Development Corporation Ltd. , Bengaluru 3 Rd Floor, Khadhi Bhavan, Jasmadevi Bhavan Road, Bengaluru - 560 052 – Respondent
JUDGMENT
Ritu Raj awasthi, CJ. - Both these intra-Court appeals are directed against the impugned order dated 16.03.2022 passed in W.P.No.3547/2022.
2. In W.a.No.342/2022, learned additional Government advocate accepts notice for respondent No.3. So also, Sri. K.C. Sudarshan, learned counsel accepts notice for respondent No.4. For the order proposed, notice to respondent Nos.1 and 5 is dispensed with.
3. In W.a.No.343/2022, learned additional Government advocate accepts notice for respondent No.3. So also, Sri. R. Vybhav, learned counsel accepts notice for respondent No.4. For the order proposed, notice to respondent Nos.1 and 5 is dispensed with.
4. Heard Sri. S.S. Naganand, learned Senior counsel appearing on behalf Sri. R. Vybhav, learned counsel and Sri. K.C. Sudharshan, learned for the appellants in both the appeals and Sri. Udaya Holla, learned Senior counsel appearing on behalf Sri. a.R. Taranath, learned counsel for respondent No.2 and perused the material on record.
5. a perusal of the material on record including the impugned order will indicate that respondent No.2 - writ petitioner preferred the above petition seeking quashing of the order dated 29.01.2022 passed by the appe
The main legal point established in the judgment is the requirement for the court to consider all rival contentions and to ensure a fresh reconsideration of the matter in accordance with the law.
Administrative decisions must adhere to principles of natural justice, including providing affected parties with an opportunity to be heard before any final decision is made.
Importance of providing notice and opportunity to all parties involved in a case before passing an order.
The principle of res judicata prevents re-litigation of issues already decided, and the appellate court retains the power to consider new evidence, but no new facts justified the amendments sought.
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