UMA NATH PANDEY AND ORS. versus STATE OF U.P. AND ANR.

Citation: [2009] 4 S.C.R. 374 · Decided: 16-03-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2009] 4 S.C.R 374 
A 
UMA NATH PANDEY AND ORS. 
+.
V. 
STATE OF U.P. AND ANR. 
Criminal Appeal No. 471 of 2009 
B 
MARCH 16, 2009 
[DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, 
JJ.] 
... 
Natural justice - Rule of audi alteram partem - High 
c 
Court allowed criminal revision petition filed by respondent 
no. 2 without issuing notice to appellants and to other parties -
Appeal against- Held: Order passed by High Court was wholly 
vitiated - It is but essential that a party should be put on notice 
of the case before any adverse order is passed against him -
There was violation of the principles of natural justice - Matter 
D 
remitted to High Court for consideration afresh after issuance 
> 
of notice to the concerned respondents before it - Notice. 
• 
The High Court, by the impugned judgment, allowed 
the revision petition filed by respondent no.2 without issuing 
E 
notice to the appellants and to the other parties. 
In appeal to this Court, it was contended that the 
principles of natural justice were violated by the High 
Court and that prejudice was caused to the appellants. 
F 
Allowing the appeal, the Court 
HELD:1.1. Natural justice is another name for 
commonsense justice. The purpose of following the 
principles of natural justice is the prevention of 
miscarriage of justice. [Paras 6, 19) [378-E; 385-E] 
G 
1.2. The expressions "natural justice" and "legal . 
" 
justice" do not present a water-tight classification. It is 
the substance of justice which is to be secured by both, 
and whenever legal justice fails to achieve this solemn 
H 
374 
UMA NATH PANDEY AND ORS. V. 
375 
STATE OF U.P. AND ANR. 
purpose, natural justice is called in aid of legal justice. A 
Natural justice relieves legal justice from unnecessary 
technicality, grammatical pedantry or logical prevarication. 
It supplies the omissions of a formulated law. [Para 7] [378-
G-H; 379-A] 
1.3. Over the years by a process of judicial B 
interpretation two rules have been evolved as 
representing the principles of natural justice in judicial 
process, 
including 
therein 
quasi-judicial 
and 
administrative process. They constitute the basic elements 
of a fair hearing, having their roots in the innate sense of C 
man for fair-play and justice which is not the preserve of 
·any particular race or country but is shared in common 
by all men. The first rule is 'nemo judex in causa sua' or 
'nemo debet esse judex in propria causa sua' that is, 'no 
man shall be a judge in his own cause'. The form 'aliquis D 
non debet esse judex in propria causa quia non potest 
esse judex at pars', that is, 'no man ought to be a judge in 
his own case, because he cannot act as Judge and at the 
same time be a party' and the form 'nemo potest esse 
simul actor etjudex', that is, 'no one can be at once suitor E 
and judge' are also at times used. The second rule is ·audi 
alteram partem', that is, 'hear the other side'. At times and 
particularly in continental countries, the form ·audietur at 
altera pars' is used, meaning very much the same thing. A 
corollary has been deduced from the above two rules and 
particularly the audi alteram partem rule, namely 'qui F 
aliquid statuerit parte inaudita alteram actquam licet 
dixerit, ud acquum facerit' that is, 'he who shall decide 
anything without the other side having been heard, 
although he may have said what is right, will not have been 
what is right' or in other words, as it is now expressed, G 
'justice should not only be done but should manifestly 
be seen to be done'. Whenever an order is struck down 
as invalid being in violation of principles of natural justice, 
there is no final decision of the case and fresh proceedings 
are left upon. All that is done is to vacate the order assailed H 
376 
SUPREME COURT REPORTS 
[2009] 4 S C.R. 
A 
by virtue of its inherent defect, but the proceedings are 
• 
not terminated. [Para 17] [383-C-H; 384-A-B] 
1.4. The audi alteram partem rule says that no one 
should be condemned unheard. Notice is the first limb of 
B 
this principle. It must be precise and unambiguous. It 
should appraise the party determinatively the case he has 
to meet. Time given for the purpose should be adequate 
so as to enable him to make his representation. In the 
... 
absence of a notice of the kind and such reasonable 
~ 
opportunity, the order passed becomes wholly vitiated. It 
c 
is but essential that a party should be put on notice of the 
case before any adverse order is passed against hi

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