Purview of Judicial review extended — SC

Upholding an Allahabad High Court order quashing a departmental inquiry findings against an officer of Kumaon Vikas Mandal Nigam, the Bench comprising Justice G B Pattanaik and Justice Umesh Chandra Banerjee said doctrine of Principles of Natural Justice was an integral part of administrative jurisprudence of this country.

The officer was prosucuted without being served any document to prove irregularities committed by him and was given no chance to defend himself in the proceedings.

Referring to the case, Justice Banerjee, writing the judgement for the Bench, said "the entire chain of events smacks of some personal clash and adaption of a method unknown to law in hottest haste."

The Bench said it was a fundamental requirement of law at the doctrine of natural justice be complied with and the same has, as a matter of fact, turned out to be an integral part of administrative jurisprudence of this country.

"The judicial process itself embraces a fair and reasonable opportunity to defend though, however, we may hasten to add that the same is dependant upon the facts and circumstances of each individual case," it said.

Referring to the 60-page report against the officer sent to the Managing Director of Nigam recording there in that charges against him stood proved, Justice Banerjee asked a series of questions on the basis, evidence and records on which such a conclusion was reached by the Inquiry Officer.

"If the records have been considered, the immediate necessity would be to consider as to who is the person who has produced the same and the next issue could be as regards the nature of the records – unfortunately there is not a whisper in the rather longish report," the Judge observed.

The Bench said: "The High Court answers it as miscarriage of justice and we do lend our concurrence therewith. The whole issue has been dealt with in such a way that it cannot but be termed to be totally devoid of any justifiable reason."