Case Note & Summary
The dispute arose from a departmental appeal in which an employee of a bank was dismissed from service. The disciplinary authority imposed the punishment of dismissal. Aggrieved, the employee filed a departmental appeal which was dismissed by the appellate authority. He then approached the High Court through a writ petition. The High Court quashed the appellate authority's order on the sole ground that no personal hearing was given to the delinquent employee before the appeal was dismissed. The High Court held that natural justice required such a hearing and remitted the matter to the appellate authority to dispose of the appeal after hearing the delinquent personally. The employer bank challenged this order before the Supreme Court by special leave. The core legal issue before the Supreme Court was whether the appellate authority in a departmental appeal was obliged to grant a personal hearing to the delinquent employee in the absence of any specific rule requiring such hearing. A subsidiary issue was whether the High Court could rely on the decision in Mohinder Singh Gill v. Chief Election Commissioner to import a right of hearing into the departmental appeal process. The appellant bank contended that no rule required a personal hearing at the appellate stage and that natural justice did not necessarily include a right of audience. The respondent employee drew the Court's attention to Mohinder Singh Gill v. Chief Election Commissioner, arguing that a right of hearing should be recognized. The Supreme Court observed that no rule was brought to its attention which required the appellate authority to grant a personal hearing. Relying on F.N. Roy v. Collector of Customs, Calcutta, the Court reiterated that the rule of natural justice does not necessarily in all cases confer a right of audience at the appellate stage. The Court distinguished Mohinder Singh Gill, pointing out that it arose under Article 324 of the Constitution and was not a case of departmental inquiry; therefore, the observations in that case were not pertinent to the facts of the present case. Accordingly, the Supreme Court held that the High Court's order was invalid. It set aside the impugned order and remitted the matter back to the High Court for disposal of the writ petition on the other grounds and contentions raised therein. The appeal was allowed with no order as to costs, and the High Court was directed to expedite the matter since it was fairly old.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to Personal Hearing at Appellate Stage - Constitution of India, 1950, Article 324 - The High Court quashed the appellate authority's dismissal of a departmental appeal solely on the ground that no personal hearing was given to the delinquent employee. The Supreme Court observed that no rule required the appellate authority to grant a personal hearing and that natural justice does not necessarily in all cases confer a right of audience at the appellate stage. Held that the High Court's order was invalid and the appellate authority was not obliged to grant a personal hearing in the absence of a specific rule. (Paras 2-4) B) Constitutional Law - Scope of Natural Justice in Departmental Inquiries - Distinction Between Election Commission Proceedings and Departmental Inquiries - Constitution of India, 1950, Article 324 - The respondent drew attention to Mohinder Singh Gill v. Chief Election Commissioner for the proposition that a right of hearing exists. The Supreme Court distinguished that case, noting that it arose under Article 324 of the Constitution and not in a departmental inquiry, and therefore its observations were not pertinent. Held that the High Court's reliance on that decision was misplaced. (Para 3)
Issue of Consideration
Whether the appellate authority in a departmental appeal is required to grant a personal hearing to the delinquent employee absent any specific rule requiring such hearing; whether the High Court erred in quashing the appellate order on that ground; whether observations in Mohinder Singh Gill v. Chief Election Commissioner are applicable to departmental inquiries.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, and remitted the matter back to the High Court for disposal of the writ petition on the other grounds and contentions raised therein, with no order as to costs. The High Court was directed to expedite the matter as it was fairly old.
Law Points
- Natural justice does not necessarily include right of personal hearing at appellate stage
- appellate authority not required to grant personal hearing unless specific rule mandates such hearing
- observations in Mohinder Singh Gill v. Chief Election Commissioner under Article 324 of Constitution not applicable to departmental inquiries
- High Court erred in quashing appellate order solely for lack of personal hearing
