SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1959 Supreme(P&H) 56

PUNJAB & HARYANA HIGH COURT
I.D.Dua, J.
Dhian Singh Khazan Singh
Versus
Deputy Secretary To Government Of Punjab
Civil Writ No. 736 of 1958,
Decided On : APRIL 1, 1959

A judicial decision, reached when there is no notice or when there is improper notice in material respects, is rendered without jurisdiction and deserves to be quashed.

Headnote:

NATURAL JUSTICE - HEARING - NOTICE - DEPUTY SECRETARY, REHABILITATION DEPARTMENT, PUNJAB - ORDER OF DISMISSAL FOR DEFAULT - VIOLATION OF RULES OF NATURAL JUSTICE - QUASHED.

Fact of the Case:

The petitioner received a notice from the Deputy Secretary to Government, Punjab, Rehabilitation Department, informing him of the date of hearing of the revision petition fixed for 11-7-1958. The petitioner arrived at Chandigarh but was informed that he should appear at Jullundur. He immediately went to Jullundur but the case had already been dismissed in default. The petitioner challenged the order on the ground that he was not given a proper opportunity to be heard.

Finding of the Court:

The court held that the order of the Deputy Secretary was passed without jurisdiction and violated the fundamental and basic rules of natural justice. The court observed that the minimum requirements of the rules of natural justice are that the Tribunal exercising judicial or quasi-judicial functions must Act in good faith and fairly listen to both sides and give the parties an opportunity of being heard and of submitting their case and their views.

Issues: Whether the order of the Deputy Secretary was passed without jurisdiction and violated the fundamental and basic rules of natural justice.

Ratio Decidendi: The court held that the order of the Deputy Secretary was passed without jurisdiction and violated the fundamental and basic rules of natural justice. The court observed that the minimum requirements of the rules of natural justice are that the Tribunal exercising judicial or quasi-judicial functions must Act in good faith and fairly listen to both sides and give the parties an opportunity of being heard and of submitting their case and their views.

Final Decision: The court set aside and quashed the order of the Deputy Secretary, Rehabilitation, dated 11-7-1958.

Judgment

1. The facts of this case disclose how a citizen of this Republic may suffer by proper care not being taken by the departmental offices when hearing and disposing of quasi-judicial matters. A notice was sent to the present petitioner from the Court of Shri D. D. Sharma, Deputy Secretary to Government, Punjab, Rehabilitation Department, exercising the powers of the Chief Settlement Commissioner, Punjab, Chandigarh, informing him of the date of hearing of the revision petition fixed for 11-7-1958. The petitioner however alleges that he had filed an appeal. This notice did not inform the petitioner that he was to appear before Shri Sharma at Jullundur. As a matter of fact, according to this notice, record had been called from the office of the Assistant Settlement Commissioner, Punjab, Jullundur, so as to reach the office of issue (which was shown at Chandigarh) before 11-7-1958, the next date of hearing. The petitioner arrived at Chandigarh and went to the office concerned but he was informed by the Reader that he should appear at Jullundur, if possible. The petitioner immediately went to Jullundur but when he reached there, unfortunately the case had already been dismissed in default. It is noteworthy that neither party had appeared on 11-7-1958 before Shri D. D. Sharma. The present petition under Arts. 226 and 227 of the Constitution has been filed challenging various orders on the merits. With respect to the order of Shri D. D. Sharma dated 11-7-1958, annexure G, it is stated in the petition that the respondent was bound under the law to afford an opportunity to the petitioner to be heard, and this right of hearing could not be denied in the manner it has been done by this respondent. No reply or return has been filed by any of the respondents with the result that I do not find any rebuttal to the allegations contained in the writ petition on the record. The allegations contained in the petition must therefore be assumed to be correct. A judicial decision, reached when there is no notice or when there is improper notice in material respects, is rendered without jurisdiction and deserves to be quashed: See Ata Muhammad V/s. Shankar Das, AIR 1924 Lah 247. To similar effect are the observations by Achhru Ram, J. in Civil Misc. No. 195 of 1948 in Regular Second Appeal No. 1942 of 1945 decided on 8-12-1948. But without going so far, I am certainly prepared to hold that such an order clearly violates the fundamental and basic rules of natural justice. The minimum requirements of the rules of natural justice which expression is other wise lacking in precision, are that the Tribunal exercising judicial or quasi-judicial functions must Act in good faith and fairly listen to both sides for that is a duty imposed on everyone who is enjoined to decide a list. The Tribunal must therefore give the parties an opportunity of being heard and of submitting their case and their views. In order effectively to discharge this obligation, it is mandatory that a reasonable notice of the place, date and time, where the proceedings are to be held, is given to the parties entitled to be heard. The Tribunal concerned must also conscientiously satisfy itself before proceeding to hear and dispose of the case, ex parte or in default, that such notice has in fact been duly served. This is one of the basic rules of Indian Justice. Another elementary rule of our Jurisprudence, which must also be borne in mind, is that no suitor should be made to suffer or be denied justice because of the remissness or mistake of the Court or the Tribunal, as the case may be. The act or order of the Court or its officers should prejudice no man, is a well-known saying. Justice, it may constantly be kept in view, is the first and foremost objective, which has been secured to the citizens of this Republic, as contained in the solemn resolution in the preamble of our Constitution and this supplies the key-note to our scheme of Jurisprudence and our legal system. This Cour


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top