‘Even God gave hearing to Adam and Eve’: Orissa High Court emphasises on principles of natural justice
Odisha court ruling, Adam and Eve hearing remark: The grievance of the petitioners in this case was against the recovery order that had occurred because of withdrawal of one annual increment.
The court noted that an order without compliance with the principles of natural justice is unsustainable. (Image is generated using AI)
While emphasising the principles of natural justice, the Orissa High Court recently said that even God gave an opportunity of hearing to Adam and Eve after they consumed the proscribed apple in the Eden garden.
Justice Dixit Krishna Shripad observed, “Even the God is said to have given an opportunity of hearing to Adam and Eve for consuming the proscribed apple in the Eden Garden, says the Bible. That being the position, man cannot be arrogant to himself, the wisdom which even God did not claim.”
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The grievance of the petitioners in this case was against the recovery order that had occurred because of withdrawal of one annual increment.
Advocates K K Swain and JR Khuntia appearing for the petitioner, submitted that increment is a monetary value and that would constitute property under Article 300A of the Constitution of India. It was further submitted that, therefore, without due process the exercise could not have been undertaken.
The counsel for the state, SB Mohanty, argued that no useful purpose would be served even if notice is given. He submitted that the ground of violation of principles of natural justice would not come to the aid of the petitioner.
At the outset the court noted that an order without compliance with the principles of natural justice is unsustainable.
Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence as under and for the reason that an order without compliance with the principles of natural justice is unsustainable.
The court therefore remitted the matter back to the district education officer for considering it afresh, after giving an opportunity of hearing to all the stakeholders, including the petitioners.
“A Writ of Certiorari issues quashing the impugned order. Matter is remitted to the portals of District Education Officer-OP 3 for consideration afresh in accordance with law and after affording an opportunity of hearing to all the stakeholders, including the petitioners herein. All contentions are kept open,” it ordered.
The court noted that an order without compliance with the principles of natural justice is unsustainable. (Image is generated using AI) 
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