KLN Sowrashtra College of Engineering Council vs The Government of Tamilnadu

Markandey Katju, C.J.—This writ appeal is filed against the impugned judgment of the learned single Judge dated 11.11.2002. Heard the learned counsel for the parties and perused the records.

The appellant was respondent No. 4 in the writ petition, but without even issuing notice to the appellant the writ petition was disposed off with a direction to the authority to make an enquiry into the complaints made by the writ petitioner.

It is the first principle of justice that no order should be passed against a party without hearing that party. In this case, with due respect to the learned single Judge, he has violated that fundamental rule of justice, inasmuch as without even issuing notice to respondent No. 4 in the writ petition (appellant before us) he has passed the final order directing enquiry against the appellant. In our opinion, such an order could only have been passed, if at all, after giving a hearing to the appellant. Hence a fundamental rule of natural justice has been violated.

Under these circumstances we set aside the judgment of the learned single Judge and remand the matter to the learned single Judge to decide the writ petition afresh after giving a hearing to the appellant and others concerned. List the writ petition next week before the concerned learned single Judge for final hearing. The writ appeal is disposed off. No costs. Connected WAMP Nos. 5965 of 2002 and 320 of 2005 are closed.