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2005 Supreme(Gau) 118

T.NANDAKUMAR SINGH
Mutum Shantikumar Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Kh. Tarunkumar Singh, Adv.
For Respondents/Defendant: N. Ibotombi Singh, Adv.

JUDGMENT

T. Nandakumar Singh, J.

1. It is the bounden duty of the concerned authority to act judiciously wherever the Rule of natural justice is applicable. No doubt, the Rule of natural justice is applicable to the departmental proceedings against a Government employee. Therefore, there is insistence upon the department of "fair hearing" in the departmental proceedings against a Government employee. No doubt, whenever, the Government of the concerned authority in the departmental enquiry acted in fragrant prejudice of the rule of natural justice and fair play, the said departmental proceeding is liable to be quashed. It may, here, be recalled that Lord Diplock in the Council of Social Service Union v. Minister for the Civil Services stated that "judicial review, as I think, development to a stage to-day when, without reiterating any analysis of the stage of which development has come about, one can conveniently classify under three heads: the grounds on which the administrative action is subject to control by judicial review. The first ground I would call "illegality", the second ground "irrationality" and third ground "procedural propriety". That is not to say that further developm









































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