Service law:
Canara Bank Officer Employees' (Conduct) Regulations, 1976-
Regulation 6(18)-Charge sheet against employee-Report by Inquiry Officer
without giving him opportunity of filing written brief under the Regulation--
Employee given personal hearing at appellate stage-Dismissal from service-
Writ Petition-High Court held order of dismissal violative of principles of
Natural Justice and violative of the Regulation which is mandatory provision--
Case not decided on merit-Order of Single Judge upheld by Division Bench-
On appeal, held: Principles of Natural Justice not violated as no prejudice is
proved by the employee-Regulation does not require opportunity being granted
to the employee to file written brief-In the facts of the case post-decisional
hearing obliterated the procedural deficiency of a pre-decisional hearing-
Remitted back to High ·Court to decide the case on merit-Administrative
law-Principles of Natural Justice.
Administrative law:
"Natural Justice" and "legal Justice "-Co-relation between-Discussed
Maxims:
"Nemo debet esse judex in propria causa sua"; "Aliquis non debet
judex in propria causa quia non palest esse judex at pars"; "nemo pot est esse
simul actor at judex "and qui aliquid statuerit parte inandita al/eram act quam
licet dixerit, hand acquum facer it "-Meaning of
Words and Phrases:
Natural justice_' and 'Civil consequences '-Meaning of