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Administrative Tribunal Act 1985

References-
Natural Justice
And
Rule Against Bias Exclusion
And
Audi Alteram Partem
INTRODUCTION
An Act to provide for the adjudication or trial
by Administrative Tribunals of disputes and
complaints with respect to recruitment and
conditions of service of persons appointed to
public services and posts in connection with
the affairs of the Union or of any State or of
any local or other authority within the
territory of India or under the control of the
Government of India or of [any corporation
It was mentioned that the setting up
or society
of such owned or Tribunals
Administrative controlled by the
exclusively
Government
would go a longinway
pursuance ofthe
in reducing Article 323A
burden on of
the various
the Constitution] and
courts and for matters
reduce pendencyconnected
and
would also provide
therewith to the persons
or incidental covered by the
thereto.
Administrative Tribunals a speedy and relatively
What Is TRIBUNAL ?
A tribunal is a committee or court which is
convened to address a special issue. Tribunals are
not part of the regular legal system, but they are
usually established by the government, and their
results are legally binding. Tribunals may be
assembled for a number of different reasons, and
their proceedings can be open or closed,
depending on why they were convened and where
the tribunal is located. If the group's meetings are
closed, a formal written declaration summarizing
the results may be published once all the hearings
and deliberations are over.
A classic reason to convene a tribunal is in a
situation where the international community
wishes to hold hearings pertaining to genocide,
acts of war, and other events. In these cases, a
Tribunal v. Courts
"all courts are tribunals but all
tribunals are not courts.

Rules of evidence are sacred to courts


while tribunals adopt a relaxed approach to
these rules
In courts, people rarely get a chance to
speak and most of the talking is done by
lawyers. On the other hand, tribunals
encourage people to stand up and speak
and lawyers have little role to play in the
settlement of disputes.
Courts have the power to adjudicate in a
The proceedings of a court are presided over by
a judge or a magistrate. On the other hand there
is a panel comprising a chairman and other
members who are experts in the relevant field.
Tribunal has lesser powers than a court. For
example, a tribunal cannot order imprisonment of
a person which is common for a court.
Tribunals are informal in the sense that there
are no special dress codes for different people. On
the other hand, courts have a strict code of
procedure.
There
Whereas are many
a solicitor ways toinresolve
is necessary case of
courts, disputes, and needed
they are rarely they dont allof
in case
involve a trial before a judge in
tribunals.
court. Administrative tribunals
run parallel to the court system.
Although administrative
such number of Vice-Chairman
Composition Of Administrative
and judicial and AdministrativeTribunal
Members as
the appropriate Government may
deem fit and, subject to the other provisions of
this Act, the jurisdiction, powers
and authority of the Tribunal may be exercised
by Benches thereof.
(2) Subject to the other provisions of this Act, a
Bench shall consist of one
Judicial Member and one Administrative
Member.
(3) Notwithstanding anything contained in
sub-section (1) the Chairman
(a) may, in addition to discharging the
functions of the
Judicial Member or the
Administrative Member of
the Bench to which he is appointed
discharge the
b) may transfer the Vice-Chairman or other
Member from
one Bench to another Bench;
(c) may authorize the Vice-Chairman or the
Judicial Member
or the Administrative Member appointed
to one Bench
to discharge also the functions of the
Vice-Chairman, or,
as the case may be, the Judicial Member
or the
Administrative Member of another Bench;
and
d) may, for the purpose of securing that any
(a) recruitment, and matters concerning recruitment, to any
Central Administrative Tribunal
All-India Service or to any civil service of the Union or a civil
post under the Union or to a Post connected with defense or
in the defense services, being, in either case, a post filed by a
civilian;
(b) all service matters concerning
(i) a member of any All-India Service; or
(ii) a person [not being a member of an All-India Service or a
person referred to in clause (c) appointed to any civil service
of the Union or any civil post under the Union; or
(iii) a civilian [not being a member of an All-India Service or a
person referred to in clause (c) appointed to any defense
services or a post connected with defense, and pertaining to
the service of such member, person or civilian, in connection
with the affairs of the Union or of any State or of any local or
other authority within the territory of India or under the
control of the Government of India or of any corporation or
society owned or controlled by the Government;
(c) all service matters pertaining to service in connection
with the affairs of the Union concerning a person appointed
to any service or post referred to in sub-clause (ii) or sub-
clause (iii) of clause (b), being a person whose services have
Administrative Tribunal for a State shall exercise, on and
State Administrative Tribunal
from the appointed day, all the jurisdiction, powers and
authority exercisable immediately before that day by all
courts (except the Supreme Court in relation to
(a) recruitment, and matters concerning recruitment, to any
civil service of the State or to any civil post under the State;
(b) all service matters concerning a person [not being a
person referred to in clause
(c) of this sub-section or a member, person or civilian
referred to in clause (b) of sub-section (1) of section 14]
appointed to any civil service of the State or any civil post
under the State and pertaining to the service of such person
in connection with the affairs of the State or of any local or
other authority under the control of the State Government or
of any corporation or society owned or controlled by the
State Government;(c) all service matters pertaining to service
in connection with the affairs of the State concerning a
person appointed to any service or post referred to in clause
(b), being a person whose services have been placed by any
such local or other authority or corporation or society or
other body as is controlled or owned by the State
Government at the disposal of the State Government for such
appointment.
procedure
laidProcedure AndofPower
down in the Code Of Tribunal
Civil Procedure, 1908
(5 of 1908), but shall be guided by the principles
of
natural justice and subject to the other
provisions of this Act and of any rules made by the
Central Government, the Tribunal shall have power
to regulate its own procedure including the fixing
of places and times of its inquiry and decided
whether to sit in public or in private.
(2) A tribunal shall decide every application
made to it as expeditiously as possible and
ordinarily every application shall be decided on a
perusal of documents and written representations
and after hearing such oral arguments as may be
advanced.
(3) A Tribunal shall have, for the purposes of
discharging its functions under this Act, the same
powers as are vested in a civil court under the
(a) Summoning and enforcing the attendance of
any
person and examining him on oath;
(b) requiring the discovery and production of
documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of section 123 and
124 of the
Indian Evidence Act, 1872 (1 of 1872),
requisitioning
any public record or document or copy of
such record
or document from any office;
(e) issuing commissions for the examination of
witnesses or, documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or
NATURAL JUSTICE
Natural Law does not mean the law of the nature
or jungle where lion eats the lamb and tiger eats
the antelope but a law in which the lion and lamb
lie down together and the tiger frisks the
antelope.
Natural justice is aterm of art that denotes specific
procedural rights in theEnglish legal system and
the systems of other nations based on it. It is
similar to the American concepts offair
procedureand proceduraldue process, the latter
having roots that to some degree parallel the
origins of natural justice. Natural justice is
procedural in nature and is applied where an
authority takes a decision which involves civil
rights of an individual. Earlier it was binding only
Rules of natural justice are flexible and can change
with the exigencies of time, and circumstances of
each case. Rules of fairness are not rigid but
dependent on their context. The extent depends on
1.Nature of jurisdiction conferred on administrative
authority .
2.Character of the rights of the person affected.
3.Scheme and policies of the statute applicable
4.Other relevant circumstances of the case.

Natural Law is another


name for common-sense
justice.
Natural Laws are not
codified and is based on
natural ideals and values
which are universal.
HISTORICAL PERSPECTIVE
In ancient India foremost duty of a judge was his integrity
which included impartiality and a total absence of bias or
attachment. The concept of integrity was given a very
wide meaning and the judicial code of integrity was very
strict, Brihaspati Says: "A judge should decide cases
without any consideration of personal gain or any kind of
personal bias; and his decision should be in accordance
with the procedure prescribed by the texts. A judge who
performs his judicial duties in this manner achieves the
same spiritual merit as a person performing a
Yajna."Further, the judges and counsellors guiding the
king during the trial of a case were required to be
Procedures relating to conduct of proceedings are also well
established in ancient India and there was little chance to
misuse the provision and decide the matter without giving
sufficient opportunity of being heard, a cause of action arises
when a person, being harassed in a way contrary to the rules
of Smriti and usage, lodges a complaint. The judicial
proceedings usually comprise four parts, namely complaint,
reply, evidence and judgment. Replies can probably be of four
kinds, and these are admission, denial, a special plea,
relating to a former judgment. Three types of evidences are
mentioned namely document, possession and witness. As
regards the rules for summoning, it is evident that the
opponent or the defendant,

(1) against whom the suit is filed, must be summoned to the


Court.
(2) Even other persons connected with the defendant (in the
suit) may also be summoned.
(3) When, however, some persons like soldiers, Agriculturists,
cowherds etc. are fully occupied with their work, their
representative may be allowed to appear before the Court, as
PRINCIPLES OF NATURAL JUSTICE
The concept and doctrine of Principles of Natural Justice
and its application in Justice delivery system is not new.
It seems to be as old as the system of dispensation of
justice itself. It has by now assumed the importance of
being, so to say, "an essential inbuilt component" of the
mechanism, through which decision making process
passes, in the matters touching the rights and liberty of
the people. It is no doubt, a procedural requirement but
it ensures a strong safeguard against any Judicial or
administrative; order or action, adversely affecting the
substantive rights of the individuals. Different jurists
have described the principle in different ways. Some
called it as the unwritten law (jus non scriptum) or the
law of reason. It has, however not been found to be
capable of being defined, but some jurists have
The application of the principles of natural justice
varies from case to case depending upon the
factual aspect of the matter. For example, in the
matters relating to major punishment, the
requirement is very strict and full-fledged
opportunity is envisaged under the statutory
rules before a person is dismissed removed or
reduced in rank, but where it relates to only
minor punishment, a mere explanation submitted
by the delinquent officer concerned meets the
requirement of principles of natural justice. In
some matters oral hearing may be necessary but
in others, It may not be necessary, as we find that
in one of the cases, reported in AIR 1971 SC
1093, Union of India v. J.P.Mittar, a matter relating
Pillars Of Natural Justice
There are two widely
acclaimed principles of natural
justice which have been hailed
as the twin pillars of the
rules of natural justice and
indeed the bastion of the rule
of
Nemo judex
law in in causa
a civilised sua - No
and
one shouldsociety
organised be made a judge
in his own cause or the rule
against bias. This is the
requirement that the deciding
authority must be unbiased
when according the hearing
or making the decision.

Audi alteram partem - Hear


the other party or the rule of
fair hearing or the rule that
no one should be condemned
RULE AGAINST BIAS
Bias may be defined as a preconceived
opinion or a pre-disposition or pre-
determination to decide a case or an issue
in a particular manner so much so that
such pre-disposition does not leave the
mind open to conviction. It is a condition of
mind, which sways judgments and renders
the judge unable to exercise impartiality in
Rule against biaswhich is recognised in the maxim
nemo judex in a particular
causa case.
sua. That no one should be a
judge in his own case and that justice should not
only be done but should also seem to be done, are
essential elements of the impartiality of the judicial
process.
InState of West Bengalv.Shivananda Pathak,
theSupreme Courtsaid,
If a person, for whatever reason, cannot make an
objective decision on the basis of evidence on
record, he shall be said to be biased. The minimal
requirement of natural justice is that the
authority must be composed of impartial persons
acting fairly, without prejudice and bias.

denotes a departure form the standard of even-


handed justice which the law requires form those
who occupy judicial office, or those who are
commonly regarded as holding quasi-judicial
office, such as an arbitrator. The reason for this
is clearly that, having to adjudicate between two
or more parties, he must come to his
TYPES OF BIAS
BIAS
of the personal or professional relationship
or hostility between the authority and the parties.
n nature that we try to give favourable decision to ou
atives, whereas use the same as a weapon against the
Apex courts decision inMineral Development
Corporation Ltd. V. State of Bihar, serves as a
good illustration on the point. Here, the
petitioners were granted a mining lease for 99
years in 1947. But in 1955, government
quashed the license. The petitioners brought
an action against the minister passing this
order on the behalf of government, on the
ground that, the petitioner in 1952 opposed
the minister in General election. Therefore, on
BIAS

interest howsoever small it may be is bound to


ministrative action. The judicial opinion is unanimous
n Rular District Council, the court in England quashed
ng commission, where one of the members was an es
as acting for the applicant to whom permission was gr

But this rule is not applicable where the judge,


though having a financial interest, has no direct
financial interest in the outcome of the case.
this is evident from the Court of Appeal
decision in R v. Mulvhill[8], where the court
refused to set aside the conviction of an
accused on a charge of robbery in a bank on
the ground that the trial judge had shares in
that bank. In such cases unless there is a
SUBJECT MATTER BIAS

The supreme court in cases like murlidhar v.


kadam singh &
sub committee of judicial accountability v.
Union of India ,
followed the same line. But in Gulla
palliNageshwara Rao v. APSRTC , the
Supreme Court quashed the decision of A.P.
government . nationalizing road transport
on the ground that the secretary of
the transport department who was given a
hearing was interested
in the subject matter. It may be mentioned
that in USA and England,
PRECONCEIVED NOTION BIAS

Bias arising out of preconceived notions is a very


delicate problem of administrative law. On the one
hand, no judge as a human being is expected to sit
as a blank sheet of paper, on the other hand,
preconceived notions would vitiate a fair trial. A
classic case bringing this problem to the forefront
is Franklin v. Minister of Town and Country Planning
known as Stevenage case. In this case the
appellant challenged the Stevenage New Town
Designation order, 1946 on the ground that no fair
hearing was given because the minister had
entertained bias in his determination which was
clear from his speech at Stevenage when he said I
want to carry out a daring exercise in town
planning (jeers, catcalls, boos). It is no good your
jeering! It is going to be done. Though the court
AUDI ALTERAM PARTEM
It is a firmly established rule of common law
that a judge or anyone exercising a judicial
function must hear both sides of every case:
not only the plaintiff or prosecutor, but also
the defendant must be heard. This rule is
recognized in England as one of fundamental 1
justice, and a failure to observe it makes the
whole proceeding defective and voidable; in
the United States of America the principle is
part of the notion of "due process" and is
equally well protected. "A person's right to
. . . an opportunity to be heard in his
defence . . . [is] basic in our system of
jurisprudence," said Justice Black in In re
Oliver.2 In England the rule is often said to
spring from the idea of "natural justice," 3 and
It may accordingly be instructive, both for its own
sake and for that of demonstrating an unusual
source for a common law rule, to examine the
standing of the idea audi alteram partem in the
Greek and Roman worlds. On reading the many
classical texts which contain a reference to this
idea one is struck by the curious dichotomy of
purpose behind the principle. The common law, as
has been said, tends to think of audi alteram
partem as essentially a rule of natural justice; the
classical world thought of it in two ways, both as a
rule of justice and as a rule of wisdom. Of course
these two notions, justice and wisdom, border on
each other and indeed overlap to some extent;
both imply a correct decision, but the idea of
wisdom seems to concentrate on the quality of
mind of the person who produces the correct
decision; justice suggests rather the effect of a
INTERNATIONAL
CONVENTION
-
A NEW APPROACH
Universal Declaration of Human Rights,
1948 and Principles of Natural Justice:
Preamble of the UDHR declares that
Whereas recognition of the inherent dignity
and of the equal and inalienable rights of all
members of the human family is the
foundation of freedom, justice and peace in
the world, Whereas disregard and contempt
for human rights have resulted in barbarous
acts which have outraged
This international convention the sought
conscience
to of
mankind, and the advent
protect inalienable rightsofof
a individual
world in which
to
human
achievebeings shallitenjoy
this object calls freedom
member ofStates to
speech and belief and freedom
pledge themselves to achieve, in from fear
and want haswith
cooperation beentheproclaimed as the the
United Nations,
highest
promotionaspiration of the
of universal common.
respect for
UDHR declares that all human beings are born free
and equal in dignity and rights. They are endowed
with reason and conscience and should act towards
one another in a spirit of brotherhood. Everyone is
entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the
determination of his rights and obligations and of
any criminal charge against him.Article10 within
its ambit includes components of fair hearing and
Art
also10(3) Guarantees,
rule against bias, right to be informed
independent of the
and impartial
grounds of hear
tribunal to arrest,
theadequate time for preparation
party is fundamental requisite
of Art.
case,10.
right of speedy trial, right of legal
assistance (including free legal aid), right of
cross examination, and even right to have
interpreter in case of language difficulty to the
accused. This Convention recognizes very wide
verity of natural rights, and consequentially it
CONCLUSION
The principles of natural justice
constitute the basic elements of
fair hearing, having their roots
in the innate sense of man for
fair play and justice which is not
the perverse of any particular
race or country but is shared in
Natural justice is another
common by all name
men.for
common sense justice rules of natural
justice are not in codified form these
principles imbedded or ingrained or
inbuilt in the conscience of human
being. It supplies the omission made
in codified law and helps in
administration of justice. Natural
justice is not only confined to
fairness it will take many shade and
colour based on the context. Thus
It is true that the concept of natural
justice is not very clear

and, therefore, it is not possible to


define it; yet the principles of natural
justice are accepted and enforced. In
Ridge V. Baldwin Court observed that
in modern times have sometimes
been expressed to the effect that
natural justice is as vague as to be
practically meaningless. But I would
The term natural justice signifies
fundamental rules of judicial

procedure and fair play in action.


According to Lord Widgery the
principles of natural justice were
those fundamental rules; the breach
will prevent justice from being seen to
be done. Earliest expression of
natural justice could be found in
philosophical expression of Roman
REFERENCE:

1.http://www.indlaw.com/legalfocus/focusdetails.aspx?
ID=107

2. http://www.legalservicesindia.com/article/artic/ori
gin-and-development-of-principles-of natural-justice-1
528-1.html

3.
http://www.legalserviceindia.com/article/l25-Nemo-in
-propria-causa-judex,-esse-debet-THE-RULE-AGAINST-BI
AS.html

4. http://ijtr.nic.in/articles/art36.pdf

5.Rest of the matter has been taken from a numerous


sources.
CREDITS
1. Pratikshya Dalai
2. Gaurav Krishna
3. Divya Pandey
4. Rupal Rana
5.Sakshi Gupta

Thank you for all who supported.

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