Saurabh Malik
Tribune News Service
Chandigarh, October 7
The Punjab and Haryana High Court today ruled principles of natural justice required showing the affected person the material on the basis of which an order was proposed to be passed against him before giving him an opportunity of hearing to establish non-existence of the projected reasons.
‘Justice principles can’t be violated’
Justice Sudhir Mittal asserted opportunity of hearing was required so that principles of natural justice were not violated. The principles required that the person against whom an order was to be passed, resulting in civil consequences, must be shown the material on the basis of which it was proposed.
The ruling came as Justice Sudhir Mittal quashed an order passed by the central government rejecting Gian Sagar Educational and Charitable Trust’s scheme for establishing a new dental college near Banur. Justice Mittal also directed the central government to grant fresh opportunity of hearing to the petitioner-trust after supplying a copy of inspection report dated April 24.
Taking up the petition filed through counsel Gagneshwar Walia, Justice Mittal also directed the Dental Council of India to ensure that the physical verification was incorporated in its procedure of examining the scheme for establishing an institute.
Justice Mittal asserted opportunity of hearing was required so that principles of natural justice were not violated. The principles required that the person against whom an order was to be passed, resulting in civil consequences, must be shown the material on the basis of which it was proposed. He was required to be given an opportunity to establish that the proposed reasons did not exist by granting hearing.
Justice Mittal added it was incumbent upon the Centre to hear the petitioner before passing the impugned order. Admittedly, the petitioner was not supplied with copies of the physical inspection report conducted in March. Only deficiencies were pointed out, which were “allegedly complied with”. Thereafter, a compliance inspection was carried out in April. But the council sent a disapproval note dated April 30 to the Centre, which proceeded to pass the impugned order dated August 19, even though the petitioner had sought a hearing.
HC quashes central order rejecting trust’s dental college plan
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