Dear friends,
What is natural justice?.It is a justice which comes naturally to a man or which is part of his nature.
The main principle is " No man should be condemned unheard". Now the legal position in our country is that no action which adversely affects a person can be taken without giving him a reasonable opportunity of being heard. This principle is as ancient as man himself.
In Bible this natural justice shown by God to the world first couple Adam and Eve. When Adam ate the forbidden fruit in Eden garden , Adam and Eve were first given an opportunity by God to defend their action, why Adam ate the forbidden fruit. Thus the principle of "no one should be condemned unheard" is derived from the action of God himself.
In our constitution Article 311(2) framed in consonance with natural justice. But natural justice principles have no protection in our constitutional provisions. It means a law can be passed by our parliament violating the principle of natural justice but not violating the Constitution. In our country Constitution is supreme not natural justice.
In Article 311(2) proviso 1 and proviso (2) sub clause a,b,c do not consider natural justice. When any action taken by law against a citizen's interest and against natural justice but as per constitutional provisions it is not termed as Injustice.
The supreme Court in the case of A.K.Kariapak vs Union of India (AIR1970 SC150) has observed " natural justice can operate only in areas not covered by any law validly made.In otherwords , they do not supplant the law but supplement it".
Natural justice that is applicable to departmental proceedings also with the following principles.
01. Audi Alterem partem - it means " hear the other party, no one should be condemned unheard.
02.Nemo debet esse judex in propria causa- it means no one shall be a judge in his own cause.
03. Justice should not only be done but should manifestly appear to have been done.
04. The final order should be a speaking order.
Whenever a Disciplinary authority orders for inquiry against the Government Servant he should bring into his mind about the principle "Nemo debet esse judex in propria causa-". Because the inquiring authority should be free from three kinds of bias which will lead to the inquiry against natural justice.
The three kinds of bias are.
1.Pecuniary bias. 2.Persional bias
3. Bias in the subject matter.
Pecuniary bias can be explained by an incident in Mahabharata.
In Mahabharata Vidura was going to Hastinapura to make a compromise with Kauravas and Pandavas to prevent Gurukshetra war. On his way he was welcome by Lord Krishna and provided hospitality. This incident made suspicious to Kauravas about the Vidura integrity as a genuine middle man.
Persional bias can be explained by the tale of " Manu Neethi Cholan". In that tale the king Manu Neethi Cholan had rendered justice to the mother cow by ordering to kill his son by the same car by which the calf of the mother cow was killed by the prince.
Even though the king came under persional bias category the justice delivered by him is a acceptable one .So he was freed from personal bias.
As far as Bias in the subject matter is concerned that the inquiring authority should not be a witness in the subject matter.
Principles of natural justice are imported in Disciplinary proceedings in the form of various procedure in Rule 14 inquiry under CCS(CCA) Rules 1965.
Tenkasi. With Best wishes,
09.05.2018. G Mariappan.
What is natural justice?.It is a justice which comes naturally to a man or which is part of his nature.
The main principle is " No man should be condemned unheard". Now the legal position in our country is that no action which adversely affects a person can be taken without giving him a reasonable opportunity of being heard. This principle is as ancient as man himself.
In Bible this natural justice shown by God to the world first couple Adam and Eve. When Adam ate the forbidden fruit in Eden garden , Adam and Eve were first given an opportunity by God to defend their action, why Adam ate the forbidden fruit. Thus the principle of "no one should be condemned unheard" is derived from the action of God himself.
In our constitution Article 311(2) framed in consonance with natural justice. But natural justice principles have no protection in our constitutional provisions. It means a law can be passed by our parliament violating the principle of natural justice but not violating the Constitution. In our country Constitution is supreme not natural justice.
In Article 311(2) proviso 1 and proviso (2) sub clause a,b,c do not consider natural justice. When any action taken by law against a citizen's interest and against natural justice but as per constitutional provisions it is not termed as Injustice.
The supreme Court in the case of A.K.Kariapak vs Union of India (AIR1970 SC150) has observed " natural justice can operate only in areas not covered by any law validly made.In otherwords , they do not supplant the law but supplement it".
Natural justice that is applicable to departmental proceedings also with the following principles.
01. Audi Alterem partem - it means " hear the other party, no one should be condemned unheard.
02.Nemo debet esse judex in propria causa- it means no one shall be a judge in his own cause.
03. Justice should not only be done but should manifestly appear to have been done.
04. The final order should be a speaking order.
Whenever a Disciplinary authority orders for inquiry against the Government Servant he should bring into his mind about the principle "Nemo debet esse judex in propria causa-". Because the inquiring authority should be free from three kinds of bias which will lead to the inquiry against natural justice.
The three kinds of bias are.
1.Pecuniary bias. 2.Persional bias
3. Bias in the subject matter.
Pecuniary bias can be explained by an incident in Mahabharata.
In Mahabharata Vidura was going to Hastinapura to make a compromise with Kauravas and Pandavas to prevent Gurukshetra war. On his way he was welcome by Lord Krishna and provided hospitality. This incident made suspicious to Kauravas about the Vidura integrity as a genuine middle man.
Persional bias can be explained by the tale of " Manu Neethi Cholan". In that tale the king Manu Neethi Cholan had rendered justice to the mother cow by ordering to kill his son by the same car by which the calf of the mother cow was killed by the prince.
Even though the king came under persional bias category the justice delivered by him is a acceptable one .So he was freed from personal bias.
As far as Bias in the subject matter is concerned that the inquiring authority should not be a witness in the subject matter.
Principles of natural justice are imported in Disciplinary proceedings in the form of various procedure in Rule 14 inquiry under CCS(CCA) Rules 1965.
Tenkasi. With Best wishes,
09.05.2018. G Mariappan.
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