An administrative authority cannot dispense with the requirement of issuing notice, deciding that no prejudice will be caused to the person against whom an action is contemplated.
“It is not permissible 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 Court that there is a violation of Principles of Natural Justice, 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].
The Last Word 