It was held by the Supreme Court in the case of Som Dutt Vs. Union Of India, AIR 1969 SC 414 that there is no rule of natural justice that a statutory tribunal should always and in every case give reason in support of the decision. Rules of natural justice are not rules embodied in any statute. You can view samples of our professional work here. The nature of the rules of natural justice is flexible. Three common law rules are referred to in relation to natural justice or procedural fairness. It means that no man should be condemned unheard and he has right to know the accusations levelled against him. These rules were part of the law and procedure during the British Raj also, and are being observed in India since time immemorial. It depends on the extent to which the rights of an individual are affected. In the past, there were only two rules forming the rules of natural justice; with the course of time, many more subsidiary rules came up to be added to them. The personal interest can be in the shape of some pecuniary benefit or some personal relation or even ill-will or malice or any official bias against any of the parties. The maxim means that no person can be a judge in his own cause. It has been suggested that the rule requiring a fair hearing is broad enough to include the rule against bias since a fair hearing must be an unbiased hearing. by a person who is neither directly nor indirectly interested in the case. Due to these developments in the legal jurisprudence, now it is being held by the courts that the order passed by an enquiry officer or administrative agency must be a speaking order. This second rule states that no one should judge his or her own case. If it is shown that an employer was actuated by a desire to victimise a workman, that may in some cases introduce an infirmity in the order of the disciplinary authority. Anil K Bansal is the Chief Manager, Legal, Central Bank of India’s Mumbai Metro Zonal Office. One of the standards is that the person concerned must be given a fair and reasonable opportunity to defend himself. The Rule of Natural Justice Audi alteram partem. –adversely affecting the rights of a private individual. It is of importance to note that proceedings before the civil court are governed by the Code of Civil Procedure; criminal proceedings are governed by the Criminal Procedure Code, but in respect of departmental enquiries, no detailed guidelines have been codified. Public Services Tribunal, Lucknow, 1998 SCC (L&S)567, despite reminders, the employee neither submitted reply to the charge sheet, nor appeared before the enquiry officer, and neither did he inspect the records, in spite of the opportunity given to him. In the case of A.K. Departmental enquiries relating to the misconduct of individuals should conform to certain... Nemo debet esse judex in propria causa. Of course, they are not enforceable as fundamental rights, but nevertheless, they ensure a strong safeguard against any arbitrary action that may adversely affect the rights of individuals. VAT Registration No: 842417633. –in taking any decision. In the case of Anjali Vs. SBI 1993 (2) Bank CLR 372, termination from bank service was based on findings which were founded on pure suspicion, and surmises without subscribing, any reason. It is a satisfactory part of the party against whom the decision is made. If the order is not supported by reasons, it will amount to violation of the rules of natural justice. The findings should also be supported by reasons because: it facilitates judicial review of findings of the enquiry officer; findings offer assurance to the parties that the decision is the outcome of rationality based on evidence as well as the records of the case; and it ensures against arbitrary or hasty action on the part of deciding authority. The said principles are now applied, having regard to the facts and circumstances in each case. These rules are intended to prevent such authority from doing injustice. Reference this. Labour Courts have wide powers to examine the validity of enquiry, quantum of punishment and merits of the charges, and to give independent findings. The first rule is ‘nemo debet esse judex in propria causa’, which means that no man shall be judge in his own cause. Departmental enquiries relating to the misconduct of individuals should conform to certain standards. With the insertion of section 11-A, Industrial Disputes Act, 1947, greater amount of social security has been provided to employees, and the labour courts can definitely review the quantum of punishment.