Court quashes rejection order under Sabka Vishwas Scheme Rules for lack of reasons, emphasizes natural justice

The court quashed the rejection order of the petitioner's declaration under the 'Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019' due to lack of reasons provided and absence of a personal hearing. The court emphasized the necessity of complying with natural justice principles, directing a reconsideration of the declaration with a personal hearing within eight weeks. The focus was on procedural fairness rather than the merits of the case, ensuring the declarant's rights were upheld throughout the process.

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Issues:
1. Rejection of declaration under the 'Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019' without providing reasons.
2. Requirement of a personal hearing before rejection of declaration.
3. Compliance with principles of natural justice in rejection of declarations.
4. Quashing of the order dated 10.01.2020 and reconsideration of petitioner's declaration with an opportunity for a personal hearing.

Issue 1: Rejection of declaration without providing reasons
The petitioner raised a grievance against the rejection of their declaration under the 'Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019' due to the cryptic nature of the rejection order. The court noted that the rejection was based on the remark "investigation already initiated by department," lacking material particulars, which did not sufficiently explain the basis for rejection.

Issue 2: Requirement of a personal hearing before rejection of declaration
Referring to a previous judgment, the court emphasized the importance of granting a personal hearing to declarants before rejecting their declarations. The court highlighted that the discretion vested in the designated committee to determine eligibility under the scheme must be exercised fairly, justly, and in compliance with the principles of natural justice, including providing an opportunity for the declarant to be heard.

Issue 3: Compliance with principles of natural justice in rejection of declarations
The court reiterated that the rejection of a declaration without affording the declarant an opportunity of hearing would violate the principles of natural justice, rendering the decision-making process invalid in law. The court emphasized that summary rejection without a hearing would lead to adverse civil consequences for the declarant and emphasized the need for compliance with natural justice principles in decision-making processes.

Issue 4: Quashing of the order and reconsideration of petitioner's declaration
Given the violation of natural justice principles in the rejection of the petitioner's declaration, the court quashed the order dated 10.01.2020 and directed the designated committee to reconsider the petitioner's declaration under the category of 'voluntary disclosure.' The court mandated that the reconsideration process should include a personal hearing for the petitioner, ensuring compliance with natural justice principles. The court set a timeline of eight weeks for the entire process to be completed from the date of the court's order.

In conclusion, the court disposed of the petition, emphasizing that they had not expressed any opinion on the merits of the matter but focused on ensuring procedural fairness and compliance with natural justice principles in the rejection and reconsideration of the petitioner's declaration.

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