Allahabad High Court
Lok Shikshan Pratishthan And ... vs State Of U.P. And 2 Others on 9 July, 2019
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - C No. - 21069 of 2019
Petitioner :- Lok Shikshan Pratishthan And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kamlesh Kumar Bharti,Anand Kumar Pandey
Counsel for Respondent :- C.S.C.,Hari Kesh Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Anand Kumar Pandey, learned counsel for the petitioners and Sri Hari Kesh Singh, learned counsel for the respondent no. 3.
Learned counsel for the petitioners submits that the documents submitted by the petitioners have not been considered by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh while passing the order dated 26.12.2018.
In the facts of the case Sri Hari Kesh Singh, learned counsel for the respondent no. 3 contests the aforesaid submission.
After hearing learned counsel for the parties, I find merit in the submissions of Sri Anand Kumar Pandey, learned counsel for the petitioners that the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh has not bestowed full attention on the documents submitted by the petitioner. This primafacie reflects non application of mind.
However, after some argument, learned counsel for both the parties, Sri Anand Kumar Pandey, learned counsel for the petitioners and Sri Hari Kesh Singh, learned counsel for the respondent no. 3, agree that a post decisional hearing in the instant case would subserve the ends of justice.
No useful purpose would be served by keeping the petition pending. With consent of the parties, the writ petition is being finally disposed of.
It is well settled that the principles of natural justice are not cast in any strait jacket formula. The requirements of natural justice are adapted to the facts of the case to subserve the ends of justice. In the evolution of the law of natural justice, the Hon'ble Supreme Court has applied the concept of post decisional hearing in appropriate cases. In the case of Dharampal Satyapal Limited Vs. Deputy Commissioner of Central Excise, Gauhati and others, reported at (2015) 8 SCC 519, the Hon'ble Supreme Court held thus:
"38. But that is not the end of the matter. While the law on the principle of audi alteram partem has progressed in the manner mentioned above, at the same time, the Courts have also repeatedly remarked that the principles of natural justice are very flexible principles. They cannot be applied in any straight-jacket formula. It all depends upon the kind of functions performed and to the extent to which a person is likely to be affected. For this reason, certain exceptions to the aforesaid principles have been invoked under certain circumstances. For example, the Courts have held that it would be sufficient to allow a person to make a representation and oral hearing may not be necessary in all cases, though in some matters, depending upon the nature of the case, not only full-fledged oral hearing but even cross-examination of witnesses is treated as necessary concomitant of the principles of natural justice. Likewise, in service matters relating to major punishment by way of disciplinary action, the requirement is very strict and full-fledged opportunity is envisaged under the statutory rules as well. On the other hand, in those cases where there is an admission of charge, even when no such formal inquiry is held, the punishment based on such admission is upheld. It is for this reason, in certain circumstances, even post-decisional hearing is held to be permissible. Further, the Courts have held that under certain circumstances principles of natural justice may even be excluded by reason of diverse factors like time, place, the apprehended danger and so on."
In view of the facts of the case and position of law laid down by the Hon'ble Supreme Court, a post decisional hearing would subserve the interest of justice. Matter is remitted to the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh.
A writ of mandamus is issued commanding the respondent no. 2, Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh to decide the matter within a period of one month from the date of receipt of a certified copy of this order. It is open to the parties file all the documents before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh. The Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh shall consider the same in accordance with law after giving opportunity of hearing to all necessary parties.
The writ petition is disposed of finally.
Order Date :- 9.7.2019
Pravin
