Prior hearing before adverse inquiry remarks protects reputation; writ challenge was maintainable even without later government action.

A Commission of Inquiry cannot make adverse observations likely to prejudice a person's reputation without first giving a reasonable opportunity of being heard under Section 8B of the Commissions of Inquiry Act, 1952. The safeguard implements audi alteram partem at the stage when prejudicial comments are contemplated, because reputation is a protected facet of personal liberty. The writ challenge was not premature merely because no consequential government action had yet been taken; the prejudice arises from the remarks themselves. The absence of notice therefore vitiated the adverse portions of the report, which could not stand.

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Issues: Whether a Commission of Inquiry can record adverse observations prejudicial to a person's reputation without affording the reasonable opportunity of being heard mandated by Section 8B of the Commissions of Inquiry Act, 1952, and whether a writ petition challenging such remarks is premature before any consequential action is taken.

Analysis: Section 8B statutorily incorporates the rule of audi alteram partem where the Commission considers it necessary to inquire into a person's conduct or forms an opinion that the person's reputation is likely to be prejudicially affected. The right to reputation is treated as an important facet of personal liberty, and adverse findings capable of affecting that right cannot be made behind the person's back. The obligation to hear the affected person arises at the stage when the Commission contemplates making such prejudicial comments; it is not necessary to await actual government action on the report. The statutory safeguard is intended to prevent prejudice from the observations themselves, irrespective of whether the report is later acted upon.

Conclusion: The absence of notice under Section 8B vitiated the adverse remarks, and the challenge was not premature. The writ petition was maintainable and the adverse portions of the report could not stand.

Ratio Decidendi: Where a Commission of Inquiry makes observations likely to prejudice a person's reputation, Section 8B requires a prior reasonable opportunity of being heard, and failure to comply renders the adverse remarks liable to be set aside even before any consequential action is taken.

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