Rules of Natural Justice

By Ramachandran Kurup

?

Natural justice is a prerequisite for disciplinary actions, aimed at ensuring fairness and preventing miscarriages of justice. An employer seeking to discipline an employee for misconduct must adhere to these principles.

?

Principles of Natural Justice

The principles of natural justice primarily consist of two main rules:

?

1)"Nemo judex in causa sua" (No one shall be a judge in their own cause)

Example Case: Mohd Yunus Khan v State of UP & Ors

In this case, the person who initiated the disciplinary proceedings appointed his own subordinate as the inquiry officer and acted as a witness to prove the charge. The court held that a person cannot be both a witness and an inquiry officer in the same case. The law requires that an individual should not decide a case in which they have a personal interest or where they are a witness. Violation of these principles renders the order null and void.

?

2)"Audi alteram partem" (Hear the other side)

This rule mandates that a decision-maker must listen to both sides before making a decision. Even if a decision seems right, it is not just unless both parties have been heard.

These two principles are not separate but are facets of the same concept: fairness in hearing. A hearing conducted with a biased mind is not fair, and a decision made without hearing the affected party, even if made by an honest and impartial authority, violates the concept of fairness.

It is important to emphasize that the principles of natural justice, which aim to prevent miscarriages of justice, apply to domestic inquiries and administrative proceedings.

?

Application in Disciplinary Proceedings

In disciplinary proceedings, the rules of natural justice require that an inquiry is not properly conducted unless:

?

1. The employee is clearly informed of the charges against them.
2. Witnesses are examined in the presence of the employee concerning the charges.
3. The employee is given a fair opportunity to cross-examine witnesses.
4. The employee is given a fair opportunity to present their own witnesses, including themselves, in defense if they wish.
5. The inquiry officer records their findings with reasons in their report.

?

By following these principles, employers can ensure that disciplinary actions are fair and just.

?

Rule Against Bias

The rule against bias is founded on the principle that justice should not only be done but should also be seen to be done. This is achieved when a judge or adjudicating authority decides matters impartially, without any form of bias. Bias can take various forms, including pecuniary, personal, or bias related to the subject matter.

?

Delay in Proceedings

A fair opportunity to defend oneself in an inquiry also requires that the inquiry be commenced and concluded within a reasonable time.

?

Legal Controls on Disciplinary Power: Rules of Natural Justice

The rules of natural justice embody legal controls on disciplinary power and include the following principles:

?

• Reasonable Notice: Every person whose civil rights are affected must receive reasonable notice of the case they have to meet.
• Opportunity to be Heard: The individual must have a reasonable opportunity to defend themselves.
• Impartial Tribunal: The hearing must be conducted by an impartial tribunal, meaning a person who is neither directly nor indirectly a party to the case.
• Good Faith and Reasonableness: The authority must act in good faith and not arbitrarily, but reasonably.

?

Provision of Relevant Documents

One of the requirements of natural justice is that copies of the documents relied upon against the delinquent employee must be provided to them.

?

Case: State Bank of Patiala v. Ram Gopal Gupta, 117 PLR 663

No material can be relied upon against an employee without giving them an opportunity to contest it. The failure of the disciplinary authority to provide this opportunity violates the principles of natural justice.

?

Case: McCleverty v. Australian Karting Association, 2015 QSC 323

In this case, the relevant material contained in documents was not provided to Mr. McCleverty. The court found that withholding the relevant material constituted a substantial breach of the rules of natural justice because it denied him the opportunity to respond to the contents. Consequently, the court declared the board's decision null and void due to this breach.

?

The purpose of supplying documents is to allow the delinquent an opportunity to contest their veracity or provide an explanation. Denying such an opportunity undermines the entire inquiry process, making the proceedings or findings liable to be set aside for violating the principles of natural justice.

?

Presence of an Outsider or Senior Officer in the Inquiry

The presence of an outsider, particularly a senior officer who initiated the investigation, during an inquiry constitutes a violation of the principles of natural justice. This remains true even if the employee does not object to their presence.

Procedural Fairness: Suspension or Expulsion of Members

?

To ensure procedural fairness, the following must be provided to the member or employee:

?

1. Notification of Charges: They must be informed of the charges against them.
2. Notice to Attend Inquiry: They must receive reasonable notice to attend the inquiry.
3. Opportunity to Defend: They must be given a fair and reasonable opportunity to present their side of the story and challenge the evidence against them.
4. Unbiased Hearing: They must be heard by an unbiased and fair-minded disciplinary board.

?

A simple approach to ensuring fairness is to ask oneself: If this were happening to me, would I consider it fair?

?

Principle of Being Heard

Justice Brijesh Kumar stated that no one should be condemned unheard, and both sides must be heard before passing any order. An individual cannot lose property or liberty through judicial proceedings without a fair opportunity to answer the case against them.

?

Even if a statute does not explicitly require a hearing, the principles of natural justice must still be applied. The applicability of these principles does not depend on statutory provisions; they are mandatory regardless of whether the statute provides for them.

?

Punishment for Misconduct Only

No employee shall be punished for an act or omission that does not constitute employment misconduct.

?

Definition and Scope of Misconduct

Misconduct includes any act or omission by an employee that breaches any duty, obligation, or assignment arising from any law, contract of employment, service rules, standing orders, special contract, settlement, award, or established practice within their employment sector. Misconduct encompasses actions incompatible with the express or implied obligations of an employee toward their employer's establishment.

?

Case Reference: Pearce v Foster (1886) 17 QBD 536

Judge Lopes stated: "If a servant conducts himself in a way inconsistent with the faithful discharge of his duties in the service, it is misconduct which justifies immediate dismissal. It is sufficient if it is conduct which is prejudicial or likely to be prejudicial to the interests or reputation of the master, and the master will be justified in dismissing that servant not only if he discovers it at the time but also if he discovers it afterward."

?

Misconduct: Broad Scope

The term "misconduct" covers a wide range of behaviors. It is difficult to establish a general rule that applies to all cases of misconduct justifying punishment. However, the cause of discharge must be connected to the duties of the service, encompassing any act incompatible with the implied duties of an employee.

?