Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Sandeep Kumar v. Gb Pant Institute of Engineering & Technology Ghurdauri has held that the termination of the services of the employee without holding disciplinary enquiry violates the principles of natural justice.

What was the Background of Sandeep Kumar v. Gb Pant Institute of Engineering & Technology Ghurdauri Case?

• In this case, the instant appeal filed by the appellant before the Supreme Court is directed against the judgments dated 4^th August 2022 and 21^st February 2023 passed by the learned Division Bench of Uttarakhand High Court in writ petition.
• The learned Division Bench of Uttarakhand High Court dismissed the writ petition filed by the appellant for assailing the order dated 19^th May, 2022 passed by the respondent no. 2 terminating the services of the appellant on the post of Registrar of the respondent no. 1 (G.B. Pant Institute of Engineering and Technology).
• The appellant challenged the termination on the note that before taking the action of terminating the services of the appellant, neither any enquiry was conducted nor any opportunity to show cause was given to the appellant.
• Allowing the appeal, the Supreme Court gave direction to reinstate the appellant on the post of Registrar.

What were the Court’s Observations?

• A Bench comprising of Justices BR Gavai and Sandeep Mehta observed that the termination of the services of the appellant without holding disciplinary enquiry was totally unjustified and dehors the requirements of law and in gross violation of principles of natural justice. Hence, the learned Division Bench of the High Court fell in grave error in dismissing the writ petition filed by the appellant.

What are the Principles of Natural Justice?

About:

• Natural Justice is a common law concept which emphasis on fair, equal and impartial delivery of justice.
• It has been derived from the words ‘jus-naturale’ and ‘lex-naturale’ which emphasize the principles of natural justice, natural law and equity.

Rules of Natural Justice:

• Nemo Judex In Causa Sua – It means that no one should be a judge in his own case because it leads to the rule of biases.
• Audi Alteram Partem – It means that no person can be condemned or punished by the court without having a fair opportunity of being heard.

Case Laws:

• In Mohinder Singh Gill v. Chief Election Commissioner (1977), the Supreme Court held that the concept of natural justice should be in every action whether it is judicial, quasi-judicial, administrative and or quasi-administrative work which involve civil consequences to the parties.
• In Swadeshi Cotton Mills v. Union of India (1981), the Supreme Court held that the Principles of Natural Justice are considered as fundamental and are therefore implicit in every decision-making functions.
• In the Union of India v. W.N Chadha (1992), the Supreme Court observed that since the purpose of the Principles of Natural Justice is to ensure justice and prevent and prevent miscarriage of justice, these rules do not extend to those areas where their application may lead to injustice.