1969 (2) TMI 184 - HC - Indian Laws

Court orders re-hearing of Government appeal, stresses natural justice principles, reasons for decisions, fair consideration.

A. Ibrahim Kunju Versus State of Kerala and Ors.

A. Ibrahim Kunju Versus State of Kerala and Ors. - AIR 1970 Ker 65 Issues Involved:1. Reliance on materials to prove alleged irregularities.2. Consideration of the explanation of the affected party.3. Reliance on a report or recommendation without furnishing a copy to the Board.4. Provision of reasons to support the order.5. Arbitrary refusal of adjournment and lack of opportunity to engage another advocate.Issue-Wise Detailed Analysis:1. Reliance on Materials to Prove Alleged Irregularities:The judgment criticizes the Joint Registrar's order (Ext. P3) for not relying on any materials to substantiate the alleged irregularities within the co-operative society. The order merely dismisses the Board's explanation as 'either false or unreasonable' without specifying which parts were false or unreasonable and why. This lack of specificity and reliance on concrete evidence is deemed insufficient, especially given the serious nature of the accusations.2. Consideration of the Explanation of the Affected Party:The judgment highlights that the explanation provided by the Board in response to the show-cause notice (Ext. P1) was not adequately considered. The Joint Registrar's order (Ext. P3) fails to provide a detailed item-by-item consideration of the charges and does not offer reasons for rejecting the Board's explanation. The absence of a reasoned order indicates a lack of fair consideration, which is a fundamental aspect of natural justice.3. Reliance on a Report or Recommendation Without Furnishing a Copy to the Board:The judgment notes that the Joint Registrar's order (Ext. P3) relied on a recommendation from the Deputy Registrar without providing a copy of this report to the Board. This omission is a significant violation of natural justice as it deprives the affected party of the opportunity to respond to all the evidence against them. The judgment emphasizes that the deciding authority must consider the merits independently and not merely act on subordinate recommendations.4. Provision of Reasons to Support the Order:Both the Joint Registrar's order (Ext. P3) and the Government's appellate order (Ext. P7) are criticized for failing to provide reasons for their conclusions. The judgment underscores that quasi-judicial obligations require the provision of reasons for decisions, as this ensures that the authority's mind has been applied relevantly and rationally. The absence of reasons renders the orders void, as it prevents the affected parties from understanding the basis of the decisions and from effectively challenging them.5. Arbitrary Refusal of Adjournment and Lack of Opportunity to Engage Another Advocate:The judgment addresses the issue of the Government's refusal to grant an adjournment requested by the appellant's advocate due to illness. This refusal, without providing reasons, is deemed arbitrary and unjust. The judgment acknowledges that while granting adjournments is discretionary, fairness requires that the affected party be given an opportunity to engage another advocate if their original counsel is unable to appear. The failure to do so in this case is seen as a denial of a fair hearing.Conclusion:The judgment concludes by quashing the Government's appellate order (Ext. P7) and directing a re-hearing of the appeal in accordance with law. The judgment emphasizes the importance of adhering to principles of natural justice, providing reasons for decisions, and ensuring fair consideration of explanations and evidence. The State Government is instructed to dispose of the appeal within three weeks, underscoring the urgency and gravity of the matter. The judgment also suggests that administrative officers should be better educated in administrative law to avoid similar issues in the future.