Words and
Phrases
Natural Justice –
Natural
Justice in a case of disciplinary proceeding-In a case of disciplinary
proceeding against an employee, in the absence of statutory rules, the employee
must be given prior notice of the proceeding so that he gets an adequate
opportunity to defend himself.
Jamuna Oil
Company Ltd. vs Sic. Dey & another 44 DLR (AD) 104.
Natural Justice –
The
contention that the respondent was given a hearing during the on-the spot
enquiry by the Deputy Land Reforms Commissioner will not be a sufficient
compliance of the principle of natural justice, because the impugned order of
derequisition was passed not by the Deputy Land Commissioner but by the
Ministry.
Bangladesh
vs Commercial Trust of Bangladesh Ltd. 46 DLR (AD) 89.
Natural Justice –
The maxim
‘Audi Alteram Partem’, no man shall be condemned unheard, applies to judicial
as well as administrative bodies, specially where the proceedings taken may
affect the person or property or other rights of the parties concerned in the
dispute.
Mahinuddin
vs Dhaka University 45 DLR 292.
Natural Justice –
Natural
justice is nothing but a procedural justice; being procedural it cannot be said
it is not vested. In none of those situations where Natural Justice clause is
invoked there existed any legal right for such an asking but the matter
involves what the Court often calls a ‘legitimate expectation of procedural
justice. When that is not specifically ousted by the law itself, the Court
would read into the law such a clause.
Professor
Golam Azam vs Bangladesh 45 DLR 423.
Natural Justice –
In a case
where there are no rules and regulations for conducting enquiry, the principle
of natural justice is to be followed.
Ehsanul
Hoque vs General Manager, Agrani Bank 42 DLR 60.
Natural Justice –
Where an
employee is removed under statutory rules which exclude holding of inquiry in
certain circumstances, the principle of natural justice is not applicable.
Wahiduzzaman
vs Chairman, BIWTA & others 45 DLR 679.
Natural Justice –
Question of
second show cause notice-The principle of natural justice requires only an
opportunity to be given to defend the concerned employee. The principle does
not automatically give to the affected person a right to second show cause
notice unless the provision for it is in the service rules or in the Parent
Act.
Abdul Jalil
vs Bangladesh Steel & Engineering 43 DLR 474.
Natural Justice –
Direction by
Bangladesh Bank upon a company debarring it from enjoying its cash credit
facility with a bank, not for violation of any of the terms of its agreement
with the bank but for its failure to pay the alleged claims of respondent
Bangladesh Shilpa Bank, is a violation of the principle ofnaturaljustice as the
same was given without any hearing to the company.
Delta Jute
Mills Ltd. vs Sonali Bank 43 DLR 483.
Natural Justice –
To a person
like the petitioner who constructed a building without sanction opportunity has
been given to obtain sanction on payment often times of the prescribed fee and
fine imposed. Had the petitioner availed such opportunity to protect his
construction by submitting an application for sanction it should be said that
he was prejudiced for not allowing him an opportunity to be heard on question
of saving his construction from demolition. In the absence of pendency of any
application for sanction, it cannot be said that there was failure of the principle
of natural justice in his case.
Habibullah
Chowhdury vs RAJUK 43 DLR 187.
Natural Justice –
The
petitioner was not given any hearing or even a notice for cancellation of his
proposed lease after a long lapse of time which militates against the principles
of natural justice.
Shahadat
Hossain vs Executive Engineer 44 DLR 420.
Natural Justice –
Forced
retirement of Mauza Headman-Whether violative of Natural Justice – There is no
provision under the Rules for forced retirement, although action against the
Headman could be taken on grounds of incompetence or misconduct. The forced
retirement of Headman Shewe Hla Prue TK is a punishment and, as such, it was
necessary for the respondents to give him an opportunity of being heard before
passing the impugned orders.
Shewe Hla
Prue TK vs Commissioner, Chittagong 44 DLR 539.
Natural Justice –
Where a
doubt arises in respect of a person’s status, conduct or intention that person
must be the first person to be heard and given the opportunity to dispel the
doubt.
Bangladesh
vs Professor Golam Azam and others 46 DLR (AD) 192.
Natural Justice –
The precise
purpose of invoking the principle of natural justice is to supplement the state
and not to supplant it. So far as the violation of natural justice is concerned
a decision has been cited by the learned Advocate for the petitioners, namely
the Bangladesh Steamer Agents Association vs Bangladesh and others 33 DLR (AD)
177. Their Lordships have observed that it is inconcelivable that when a
citizen is deprived of a right vested in the person, he can be deprived of that
right by a capricious or arbitrary executive fiat without being challenged as
being violative of the principles of natural justice. All that this decision
appears to have decided is that before a right of individual is terminated he
must be heard.
Nurul Islam
vs Bangladesh 46 DLR 46.
Natural Justice –
If the
termination is found to be within the four comers of the law the Court cannot
nullify it on the ground that it is harsh. There is no requirement in the Rules
that termination would be void when no reason for it was assigned. The
principle of natural justice is also not applicable in the case as this
principle has been excluded in the Rule itself. The appointing authority has
got power to .reinstate a terminated employee.
Bangladesh
Parjatan Corporation vs Shahid Hossain Bhuiyan and others 43 DLR (AD) 154.
Natural Justice –
A postal
clerk asked to act as an Inspector on purely temporary basis was reverted to
his substantive post after about five years’ service cannot be said to have
acquired a vested right in the post. In the facts of the case the respondent
was not entitled to any show cause notice nor was there any violation of the
principle of natural justice.
Bangladesh
vs Md Fazlul Huq 43 DLR (AD) 144.
Natural Justice –
No right
having been created in favour of the petitioner by the earlier order, there was
no question of giving any opportunity to it to be heard. Privilege offered by
the Government having not been availed of there was no question of giving
notice before passing the impugned order.
Janapriya
Rice Mills Ltd and 2 others vs. Bangladesh represented by the Secretary,
Ministary of Food, Bangladesh Secretariat, Dhaka & others 49 DLR 277.
Natural Justice –
There was no
allegation of malafide against the invigilator and the Chief Invigilator.
Merely because they were examined by the Board in the absence of the petitioner
it cannot be held that principle of natural justice was violated.
Masum Iqbal
(Md) vs Director of Students Welfare and Member-Secretary of Board of Residence
and Discipline, Bangladesh Engineering University and others 49 DLR 104.
Judicial Notice –
When judges
can take judicial notice of certain facts in deciding private law disputes then
there can be no ground for the objection in judges taking notice of facts and
circumstances prevailing in the society in which they live.
Nasreen
Fatema and 20 others vs. Bangladesh and others 49 DLR 542.
Natural Justice –
Since no
statutory provision of law has been violated in removing the present
petitioner, the question of violation of the principle of natural justice does
not arise at all.
Kazi
Mokhlesur Rahman vs. Secretary, Ministry of Law, Justice and Parliamentary
Affairs, Government of the People’s Republic of Bangladesh and others 49 DLR
126.
Natural Justice –
The
principle that no man should be condemend unheard is applicable to judicial as
well as adminstrative bodies.
Abul Hossain
Akand (Md) and others vs. Abul Kalam Azad and another 49 DLR 257.
Natural Justice –
The
invocation of principle of natural justice. is a matter which is guided under a
statutory provision and the same provision having been infringed by the
petitioner is not acceptable.
Anwar
Hossain vs Secretary, Ministary of Finance, (Internal Resources Division) and
others 49 DLR 321.
Natural Justice –
The
principle of natural justice ought to have been complied with. Because
principle of natural justice is also applicable in administrative matters as
natural justice demands that before a person is proceeded against he should …
the allegations against him and, as such, he should be given an opportunity of
explaining his position in the matter.
Rafiqul Alam
vs. Secretary, Ministry of Works, Government of the People’s Republic of
Bangladesh and others 49 DLR 456.
Natural Justice –
Fair
compliance of the rule of Natural Justice – The first requirement of the rule
is that the person to be proceeded against must be made aware of the
allegations against him. The right to have notice of the charges.
Principal,
Chittagong Medical College and others vs Shahrayar Murshed 48 DLR (AD) 33.
Natural Justice –
When the
petitioner’s dismissal from service is preceded by due show cause notice and
opportunity to defend himself, there arises no question of violation of natural
justice.
Momtazuddin
Khan (Md) vs Managing Director, Agrani Bank, and others 48 DLR 550.
Natural Justice –
In order to
ensure the elementary and essential principles of fairness “as a matter of
necessary implication the person sought to be affected must at least be made
aware of the nature of the allegations agaisnt him, he should be given a fair
opporutnity to make any relevant statement putting foward his own case”
and the authority is to give an opportunity to the person sought to be affected
to correct or contradict any relevant statement prejudicial to him. In order to
act justly and to reach just ends by just means the Coaurts insist that the
person or authority should have adopted the “elementary and essential pinciples”
unless the same had been expressly excluded by the enactment empowering him to
so act.
Shahryar
Murshed vs Pincipal, Chittagong Medical College and othes 48 DLR 482.
Natural Justice –
If the
respondents had no licence as alleged but even then they were carrying on with
their business they were entitled to get a notice before sealing of their
Mills.
Chairman,
Ziila Chora Chalan Daman Samanaya Committee, Mymensingh and another vs Md
Kabirul Islam Beg and 5 others 49 DLR (AD) 131.
Natural Justice –
It will not
be in consonance with the principle of Natural Justice to deny the directly
recruited officers a hearing when a question of seniority over them is being
raised after 15 years of their recruitment.
Hafizuddin
(Md) and three others vs Bangladesh Bank, represented by Governor 49 DLR (AD)
147.
Natural Justice –
It is well
settled that a show cause notice is not a technical requirement or an idle
ceremony. The notice must not be vague or in bare language merely repeating the
language of the statute.
Governemnt
of Bangladesh and others vs Md Tajul Islam 49 DLR (AD) 177.
Natural Justice –
In not
giving specific facts with particulars in the show cause notice, the rule of
fairness which is a part of the principle of Natural Justice has been offended.
Government
of Bangladesh and others vs Md Tajul Islam 49 DLR (AD) 177.
Natural Justice –
Cancellation
of licence – The cancellation of a licence is a serious matter adversely
touching a person’s pecuniary interest, More than that; if affects a
fundamental right of a citizen to conduct any lawful trade or business subject
to certain restrictions imposed by law. The Court would always insist that an
authority exercising such a drastic power of cancellation acts strictly
according to law and always with fairness.
Government
of Bangladesh and others vs Md Tajul Islam 49 DLR (AD) 177.
Natural Justice –
Four
students were killed in the campus and there was continuous disturbance in
different halls amogst the students of different groups having different
political bias. In such a situation the Chancellor had to take immediate action
and, as such, the question of issuing show cause notice did not arise at all.
Professor Dr
Md Yusuf Ali vs Chancellor of Rajshahi University, Rajshahi 50 DLR 1.
Natural Justice –
The
petitioner seems to have been condemned unheard. This condemnation or sticking
of stigma on her person is ex-facie violative of the principle of Natural
Justice. Whatever actions have been taken by the respondents against the
petitioner by way of blacklisting and debarring her from carrying on business
in Bangladesh is without lawful authority and of no legal effect.
Doris
Waldman vs Bangladesh and others 50 DLR 151.
Natural Justice –
Approval of
the verbal dismissal culminating in final dismissal without any show cause
notice is not permissible in law as dismissal is a major penalty.
Quazi Abdul
Haleem vs Government of the People’s Republic of Bangladesh, and another 50 DLR
472.
Natural Justice –
The impugned
order of removal having not been made by following the law and giving the
plaintiff any opportunity to show cause subsequent approval of the same by the
Governing Body cannot make it lawful or valid.
Syed
Jahangir Hossain vs Md Moyenuddin and others 52 DLR (AD) 140.
Natural Justice –
As law does
not require that matter of non-approval or non-acceptance of a bid made in an
auction is to be made with notice to the bidder petitioners contention of
violation of principle of Natural Justice in the making of the order by the
respondent is not well founded.
Bashiruddin
(Md) vs Bangladesh, and others 52 DLR 201.
Natural Justice –
Even where
provision for show cause notice and opportunity of personal hearing are not
available, the principle of natural justice shall be applied unless it is
specifically barred.
Chairman,
Board of Intermediate and Secondary Education, Jessore and ors vs Md Amir
Hossain and another 56 DLR (AD) 24.