Principles of Natural Justice I

My Lord, Can an administrative authority dispense with the requirement of issuing notice, deciding that no prejudice will be caused to the person against whom an action is contemplated?

Answer has to be in the negative. It is not permissible for the Authority to jump over the compliance of the Principles of Natural Justice on the ground that even if hearing had been provided it would have served no useful purpose. [However], even if it is found by the Court that there is a violation of Principles of Natural Justice, the Courts have held that it may not be necessary to strike down the action and refer the matter back to the Authorities to take a fresh decision… Courts are empowered to consider as to whether any purpose would be served in remanding the case keeping in mind whether any prejudice is caused to the person against whom the action is taken.”

Hon’ble Justice A.K. Sikri, Dharampal Satyapal Ltd. v. Deputy Commissioner of Central Excise, [Civil Appeal Nos. 4458-4459 of 2015].

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