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2. 2 NATURAL JUSTICE The Principles of Natural Justice means the principles relating to the procedure required to be followed by authorities entrusted with the task of deciding disputes between the parties when no procedure is laid down by the rules.

3. 3 There are some authorities who have to decide the disputes between parties or inflict punishment but the procedure to be followed by such authorities has not been laid down by any law or rule. It has been recognized from ancient times that even such authorities are required to observe some procedural rules to ensure fairness to a party against whom order is sought to be passed. Such rules are called principles of Natural Justice.

4. 4 Salient Features of the Principles of Natural Justice 1.The Principles of Natural Justice are deemed to govern the procedure of departmental inquiries even though not provided for. 2.The Principle of natural justice does not refer to any one Principle. There are more than one Principles which are recognized as basic to the procedure relating to fair determination of disputes between the Parties

5. 5 3.The Principles of natural justice only lay down the procedure and they have nothing to do with the merits of the case.

6. 6 4The Principles to ensure fair procedure are generally called “ the principles of natural justice on account of historic reasons. Previously it was believed that such principles had got the divine origin and they were imbedded in the heart of man by the nature itself. Thus the principles acquired the name of “ Principles of natural justice”. The name is however Misnomer. The principles arose out of cystallisation of the judicial thinking regarding necessity to evolve minimum norms of fair procedure and they do not owe their origin to either nature or any divine agency.

7. 7 Historical development of the concept of natural ju The Principles of natural justice is of very ancient lineage and was known to the early Greeks and Romans. It is said that when the man and woman ate the fruit of knowledge which was forbidden by God, then even God did not pass sentence upon Adam, before he was called upon to make his defense

8. 8 This shows that howsoever confident a man may be regarding the guilt of others, the principles of natural justice still require him to afford a chance to the person concerned to give his explanation Later on, the above principle was adopted by English Jurists to be so fundamental as to override all laws. Later on this was modified and it was held that the general principles of natural justice can not modify the statutory law.

9. 9 NATURAL JUSTICE NEMO JUDEX IN CAUSA SUA OR RULE AGAINST BIAS AUDI ALTERAM PARTEM OR RULE OF FAIR HEARING

10. 10 RULE AGAINST BIAS Personal Bias Pecuniary Bias Departmental Bias Subject Matter Bias Preconceived bias

11. 11 Audi alteram partem Right to Notice Right to Present case and evidence Right to rebut adverse evidence No evidence at the back of party Inquiry Report be shown to party Reasoned Decision Rule against dictation Financial incapacity to attend Inquiry Decision Post haste