The Hon’ble Supreme Court of India has taken a significant step towards addressing the nuanced question of whether violations of natural justice principles, particularly audi alteram partem at the original stage, are rectifiable at the revisional/appellate stage. In a notable development, a Division Bench comprising Justice JK Maheshwari and Justice KV Viswanathan delivered a split verdict on this crucial matter, prompting the Court to refer it to a larger bench for further deliberation.
The case at hand revolves around the selection and appointment process for the post of Shiksha Karmi Grade-III in Janpad Panchayat Gaurihar, Madhya Pradesh. At the heart of the matter are allegations of arbitrary selection and favoritism, with 14 candidates, who are close relatives of selection committee members, challenging the process.
Justice JK Maheshwari, in his observations, emphasized the importance of upholding principles of natural justice, particularly in matters concerning fair selection and appointment procedures. He underscored the need to ensure transparency and fairness in the functioning of Panchayat institutions, highlighting instances of apparent bias and nepotism.
Contrastingly, Justice KV Viswanathan delved into the procedural intricacies of the case, examining whether due process was followed at each stage of the proceedings. He raised concerns about the non-impleadment of affected parties during the initial challenge before the Collector, emphasizing the significance of affording all parties a fair hearing.
The divergent views of the two justices necessitated further scrutiny by a larger bench, underscoring the complexity of the legal issues at hand. The Court’s decision to refer the matter to a larger bench reflects its commitment to upholding the principles of natural justice and ensuring a fair and equitable judicial process.
The case, titled Krishnadatt Awasthy Vs State Of Madhya Pradesh & Ors, presents a pivotal opportunity for the Supreme Court to provide clarity on the application of natural justice principles in revisional and appellate proceedings.
As the Supreme Court prepares to constitute a larger bench to address this crucial question, stakeholders await with anticipation for a definitive resolution that will have far-reaching implications for the administration of justice in the country.
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