Principles of Natural Justice - To Understand and Apply
Sarvottam Rajhans, an enterprising Manager recently raised before me the following Question:
I answered as below:
-From ancient times, evolving mankind adopted and practiced the Twin Principles of Natural Justice meaning One's "Duty to Act fairly" towards the Other and "Duty to Hear the Other side".
It was considered "doable" and "sacrosanct" Natural Law / Rule which comprised of the "Duty to Act without "Bias" entwined with the "Right of the other Person to a Fair Hearing".
I quoted the saying...." Nemo debet esse judex in propria causa" and " Audi alteram partem"........
In my Employment-Career, I understood the Principles as "No man/woman shall be a judge in his/her own case" and that therefore "Hear the other side", and faithfully followed them in my work Life, always.
Explaining further, I added that in case, for instance, you are appointed/nominated to Conduct an Inquiry into any act of Misconduct alleged against an Employed Person, ensure that the Inquiry Proceedings are always and invariably held in the "Joint Presence" of i) the Person against whom allegation/s has/have been leveled and ii) the Complainant-Person or the Person who for and behalf of the Employer, presents the Case as Managment's / Employer's Representative, during such Inquiry Proceedings with the sole exception that in the event one of them abstains wilfully from the Inquiry Proceedings in spite of issue/receipt of Notices to attend the Inquiry Proceedings,
Even in such occasions as aforesaid, the Inquiry Officer or the Inquiry Committee ought to ensure that there is No Hurry or Haste in concluding the Inquiry Proceedings and that reasonable opportunity has been given to each side to pursue their case/points.
I brought to his notice the recent Judgments of the High Courts which found "flaws" in the Inquiries Proceedings Conducted by the ICC (Internal Complaints Committee), under the SHWW (P,P&R) Act 2013 on the ground that these ICCs did not obey/adhere to the Principles of Natural Justice categorically specified/stipulated in such Inquiries and hence, the Findings of these ICCs were declared unlawful, null & void and Inquiries had to be held afresh as per laid down Procedures.
Hopefully, Sarvottam Rajhans understood the relevance, the importance and the Need of Doing the Right Thing Right, First Time Every Time for the sake of Justice, Fairness, Propriety and our Fundamental Rights which is also a Universal Human Rights Practice.
Harsh K Sharan, Team Kritarth keenly awaits enlightened views in the matter.
Home | Kritarth Consulting Private Limited
23.6.2017
Sarvottam Rajhans, an enterprising Manager recently raised before me the following Question:
I answered as below:
-From ancient times, evolving mankind adopted and practiced the Twin Principles of Natural Justice meaning One's "Duty to Act fairly" towards the Other and "Duty to Hear the Other side".
It was considered "doable" and "sacrosanct" Natural Law / Rule which comprised of the "Duty to Act without "Bias" entwined with the "Right of the other Person to a Fair Hearing".
I quoted the saying...." Nemo debet esse judex in propria causa" and " Audi alteram partem"........
In my Employment-Career, I understood the Principles as "No man/woman shall be a judge in his/her own case" and that therefore "Hear the other side", and faithfully followed them in my work Life, always.
Explaining further, I added that in case, for instance, you are appointed/nominated to Conduct an Inquiry into any act of Misconduct alleged against an Employed Person, ensure that the Inquiry Proceedings are always and invariably held in the "Joint Presence" of i) the Person against whom allegation/s has/have been leveled and ii) the Complainant-Person or the Person who for and behalf of the Employer, presents the Case as Managment's / Employer's Representative, during such Inquiry Proceedings with the sole exception that in the event one of them abstains wilfully from the Inquiry Proceedings in spite of issue/receipt of Notices to attend the Inquiry Proceedings,
Even in such occasions as aforesaid, the Inquiry Officer or the Inquiry Committee ought to ensure that there is No Hurry or Haste in concluding the Inquiry Proceedings and that reasonable opportunity has been given to each side to pursue their case/points.
I brought to his notice the recent Judgments of the High Courts which found "flaws" in the Inquiries Proceedings Conducted by the ICC (Internal Complaints Committee), under the SHWW (P,P&R) Act 2013 on the ground that these ICCs did not obey/adhere to the Principles of Natural Justice categorically specified/stipulated in such Inquiries and hence, the Findings of these ICCs were declared unlawful, null & void and Inquiries had to be held afresh as per laid down Procedures.
Hopefully, Sarvottam Rajhans understood the relevance, the importance and the Need of Doing the Right Thing Right, First Time Every Time for the sake of Justice, Fairness, Propriety and our Fundamental Rights which is also a Universal Human Rights Practice.
Harsh K Sharan, Team Kritarth keenly awaits enlightened views in the matter.
Home | Kritarth Consulting Private Limited
23.6.2017