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DELHI HIGH COURT
SANJEEV SACHDEVA
Hydrocon Engineers – Appellant
Versus
Delhi Jal Board – Respondent
| Table of Content |
|---|
| 1. challenge to communication regarding response. (Para 1) |
| 2. petitioner argues lack of decision on prior notice. (Para 2 , 4) |
| 3. court extends response time and outlines process. (Para 3 , 5 , 6 , 8) |
| 4. petition disposed; rights of parties preserved. (Para 7 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--Petitioner impugns letter dated 15.11.2021, whereby petitioner has been required to submit his reply/clarification to the said letter failing which it is stated that appropriate action in accordance with the terms and conditions of contract agreement and work order shall be taken.
2. Learned counsel for petitioner submits that earlier also a show cause notice dated 30.07.2021 was issued which was duly replied to on 05.08.2021 and the same was even followed by a legal notice dated 10.08.2021. He submits that till date no decision on the said show cause notice has been communicated. On the other hand, subject impugned notice has been received, alleging the same grounds.
3. Issue Notice. Notice is accepted by learned counsel for the Respondent. With the consent of parties, petition is taken up for final disposal today itself.
4. Learned counsel appearing for the respond
Administrative notices require responses and no adverse action may be taken without providing the opportunity to respond, reflecting principles of natural justice.
The court has the discretion to extend the time for response and can direct the respondent to pass a speaking order after considering the petitioner's responses.
The judgment emphasizes the right to a fair hearing and requires that all parties involved in proceedings be given proper notice and opportunity to respond to representations and notices issued by au....
The court ruled that procedural fairness requires the opportunity to respond and be heard before any decision on a show cause notice.
The court emphasized that principles of natural justice necessitate consideration of replies to show cause notices prior to taking administrative action.
Principles of natural justice must be complied with, including considering the petitioner's reply and providing an opportunity for a personal hearing before passing a demolition order.
Mandamus directing expeditious finalization of disciplinary suspension proceedings post-hearing.
The grounds for termination must be properly communicated, and the petitioner's response must be considered before passing a termination order.
Administrative decisions must be based on communicated grounds and consider responses to show cause notices for fairness.
The court reinforced that the principles of natural justice require that parties be given notice and opportunity to respond before adverse decisions are made.
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