PRINCIPLES OF NATURAL

JUSTICE

CISF NISA HYDERABAD

WARMING UP
 What do you mean by Natural
Justice? Whether it is applicable to
every citizen of India?
 Have seen any hearing of court in
movie or live in the court.
 Whether accused is given any
opportunity to defend himself
RELEVANCE OF THE TOPIC
 TO MAKE THE PARTICIPANTS
UNDERSTAND ABOUT PRINCIPLES OF
NATURAL JUSTICE WHICH IS A
MANDATORY REQUIREMENT FOR GOS
AND SOS AS THEY HAVE TO WORK
AS P.O. , E.O., D/A AT SEVERAL
OCCASIONS.
LEARNING OBJECTIVES
 AT THE END OF THE SESSION THE
PARTICIPANTS WILL BE ABLE TO TELL:
 Principles/Types of Natural Justice
 Its applicability in Disciplinary
Proceedings
 Right to Defence Assistance
 Speaking Order
 Special Procedure in certain cases
TYPES OF NATURAL JUSTICE
 Two principles of natural justice which are universally recognised
to be fundamental to the dispensation of justice. These are:
 Nemo judex in Causa Sua
( No one shall be a judge in his own case)
In other words, the person deciding the matter must not have
anything like personal interest in the case. He must be free
from bias. He shall not be a party to the dispute nor shall he sit in
judgment over his own decision.
 Audi Alteram Partem
(Hear the other side)
In other words, the accused person should know the nature of
accusation made against him and must have adequate and
reasonable opportunity to present his defence and prove his
innocence.
 Lord Denning has summed up these rules as
"impartiality and "fairness"
Applicability of Natural Justice to
Disciplinary proceedings
 Disciplinary proceedings are quasi-
judicial in nature and hence, the
principles of natural justice are
applicable.
 DISCIPLINARY AUTHORITY AND
INQUIRY OFFICER TO BE UNBIASED:

 Both these authorities should be free from bias. The

disciplinary authority cannot take the proceedings if
the matter concerns himself or when is a witness in
the case. Similarly, the inquiry is vitiated if the
inquiry officer has any personal interest or has
prejudged the issue.
 A laid down by Supreme Court in Manak
lal Vs Sinqhiv case (1957), the test is not whether
in fact a bias has affected the judgement but whether
there was real likelihood of bias.
Learning Reinforcement
 FAIR PLAY IN ACTION with respect
to enquiry relates to ---- ?
 NEMO JUDAX IN CAUSA SUA
means?
 ‘AUDI ALTERAM PARTEM’ relates to?
APPOINTMENT OF ENQUIRY
OFFICER:
 Person who is biased against charged
employee is not eligible to hold the Enquiry.
 -Any pecuniary interest, howsoever small,
shall disqualify the Enquiry officer from
deciding the matter. Personal interest, real
likelihood of bias are - generally disqualify a
person.
 -An officer who had prejudged the issues is
not eligible to be an Inquiring Authority.
RIGHT TO DEFENCE ASSISTANCE :

 The charged member may be permitted by the inquiring

authority to present his case with the assistance of any
other member of the Force posted at the place of inquiry.
 He will give three choices for his defence assistance
and the controlling officer will depute any one of the
three indicated by him.’’ -Rule
36 (8) (a)
 Not allowing the legal practitioner in the departmental
proceedings. Rule 14(8) of the CCS (CCA) Rules permits
defence assistance from any other Government servant.
But in that case - the charged officer cannot choose a
particular employee if his services cannot be spared on
public interest.
INSPECTION OF DOCUMENTS:

 Unquestioned right of access not only to documents

which form the basis of the charge, but also those
documents which he requires to support his defence.
 - Regarding relevancy, I.O rather adopting ‘Why should I
allow’, should adopt the attitude ‘What is the harm in
allowing it’.
 -Though, the report of investigations/ preliminary
inquiry is a confidential document and the charged
employee may not have access over it, but where the
prosecution relies on those documents, a copy thereof
has to be given to the employee concerned.
RECORDING EVIDENCE :

 It is the duty of the E.O. to call all witnesses,

including defence witness
 All evidence should be recorded in the presence of the
accused employee.
 The Charged official is to be given full opportunity to
cross-examine the Prosecution witness.
 The charged official is permitted to adduce evidence in
his defence and is also allowed to examine himself, if
he so desires.
 The charged official should be supplied with a copy of
the written brief of the Presenting Officer, if any,
before he is asked to file his written brief
LEARNING REINFORCEMENT

 1. What are the aspects to be looked

into for appointment of enquiry OFFICER
for the natural justice point of view?
 2. Explain the provisions with respect to
Right to defence assistance for DE
proceedings?
 3. What are the points to be looked into
for framing and issue of charge sheet for
the natural justice point of view?
 PROCEEDINGS HELD EX-PARTE IN AN
UNREASONABLE MANNER IS QUESTIONABLE :
 (Such proceeding is considered bad in
law)
 REPORT OF INQUIRY OFFICER:
 The report should be a reasoned document
 Should not take into account any material outside
the course of Inquiry.
 Onus (Burden) lies on the prosecution. It is the
prosecution to prove the charges.
 There must be sufficient evidence against
 Where Inquiry is held by an officer
other than the disciplinary authority
and the report is adverse to charged
officer, a copy thereof should be
supplied to him before the decision of
the disciplinary authority.
 The matter should be considered by
the disciplinary authority with open
mind.
 If the DA proposed to disagree with a report of inquiry
favourable to the charged official a show cause notice
indicating the reasons for disagreement should be given
to the employee.
 Imposing of punishment should not be arbitrary.
 The final order should be a speaking order.
 TWO IMPORTANT CAUTIONS :
 FIRSTLY, principles of natural justice only supplement
the statutory rules but do not supplant them.
 SECONDLY, though the principles of natural justice,
must be given due importance, care must be taken
against any over-emphasis.
LEARNING REINFORCEMENT

 .For DE proceedings, Onus (Burden) lies on ---- ?



 2. The final order should be a

-----------------------?
 3. If the DA proposed to disagree with a report of
inquiry favourable to the charged official a --------
indicating the reasons for disagreement should
be given to the employee?
 4.The matter should be considered by the
disciplinary authority with -------------.
SUMMARY
 Contents covered :
 Contents covered:
 Principles of natural justice
 It’s applicability to departmental Enquiries
 Provisions regarding :-
 Framing and issue of charge sheet
 Appointment of enquiry officer
 Right to defence assistance
 Recording evidence :
 Report of Enquiry officer:
QUESTIONS/CLARIFICATIONS