K.LAHIRI, T.C.DAS
Deputy Secretary to the Govt. of Assam, Panchayat and Community Dev, Department – Appellant
Versus
Moying Ch. Pegu and others – Respondent
LAHIRI, J.: - This writ appeal is projected against the judgment and order D/27-4-1981 passed in Civil Rule No. 93 of 1981.
2. Natural justice is undoubtedly a brooding omnipresence because of the strides made by the Courts in India during the last two decades but the Courts have always struck a balance between the expansion of the Rule and the empirical socio-economic needs, public interest and the authority of the legislature. The never ending process of evolution has taken note of various checks and balances. In administrative law a prima facie right to prior notice and opportunity to be heard may be held to be excluded by implication if any of the following facts is present, singly or in combination with another: (1) Where the functions of the competent authority are held to be non-judicial; (2) Where the authority in which is vested the power to decide is entrusted with a wide discretion; (3) Where the action taken constitutes denial of a privilege as distinct from interference with a right; (4) Where to impose an obligation to disclose relevant information to the party affected would be prejudicial to the public interest; (5) Where an obligation to give notice and opp
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