Tuesday 8 September 2020

Rules of the Principle of Natural Justice

Rules of the Principle of Natural Justice: - the rules which are concisely for convenience as under:- “NemoJudex in Causa Sua: - no man shall be a judge in his own cause or the deciding authority must be impartial and without bias- Rules against Bias. Kinds of Bias: - (i) Pecuniary bias (ii) Personal bias (iii) Subject matter bias (iv) Departmental bias (v) Policy bias. Audi Alteram Partem:- hear the other side, or both sides must be heard or no man should be condemned unheard or that there must be fairness on the part of deciding authority- Rule of hearing or fair hearing. Both the above said rules also held in the case of N.K. Prasada v. Government of India (i) Notice (a)- Adequacy of notice (Time, place and nature of hearing, Legal authority and jurisdiction under which hearing is to be held, matters of facts and law as regards charges)& (b)- Reasonable opportunity (ii) Hearing (Oral hearing, Fair hearing, Cross Examination, Legal representation, Right to know evidence, reasonable opportunity of being heard, fair trial, Reasoned decision or speaking order, post- decisional hearing).”

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