Sarup Chand v. State Of Punjab And Others
!
"# $$ %
$$$$$ &
$$$$$ !'
"( "!
)# *+ )$ ,
)
-)
! # $% & '
!
(
")
!
(* +++++
, - "
"
"" "%.
.
# %
" % ! "
. % , / ,,012 !!
. 3! #% " " % 4 # 55 4 # 55 6 ! %" .
%
"! 5755 8
3 29 " )"
. ! # , / ,,012
"" ."
"# %" ,/ # % !" "
%
"!
"!
"" %" # ,75055 8
3 29
"
. # !""!
! #
# !% "
. !# % ""
"
.
"
!" "!
. "#
"
.
) ! # *,512 % % 75055 !
!
2 ) %" !" " ,/5:55
3 2/1*9 ; !
! "#
"
.
"
.
,/5:55
) ! # "
. ,/5:55 < !
""
" ! "
) )
!""
)"
. # % ""
!"
. ! # , / ,,012 " .
"" * " ! " ! .% /5,5,: # 2 ' !
"
!
!"# $%
" % " 2 !
2
!"#$
%
&
. '(
)
)
*+
,
- &'
($)&
*$+, '#$ -)$$./*$#,# $
- - # $ . !/!.0,--. 1
# )
2$ !3 )
#
4
)-
4
-
4) 5 &- $ 0'( # '*- 1 $, # $ $,' $* $# 23456& 424
2$ 5 4
%
/0
/0
&
6
6
/0
$ & / 0
&
(v) the inquiry officer records his findings with reasons for the same in his report."
8. Even Division Bench of this Court while deciding CWP No. 3756 of 1986, decided on 22.09.1993, titled as Lekhu Singh Vs. The Punjab SC Land Development & Finance Corporation, Chandigarh, has held that the concept of the opportunity is a basic requirement which has to be extended to every action which has adverse civil or penal consequence. The relevant portion of the said judgment is as under :- "6. One of the basic principles of natural justice is 'hear the other side'. Initially judicial opinion was that grant of an opportunity was required only while passing a judicial order or quasi-judicial order and that in a purely administrative function/order, opportunity had no role to play. However, with the efflux of time, the grant of an opportunity has become a requirement of law even for a purely administrative act. Still further the concept of opportunity being a basic requirement has been extended to every action which has adverse civil or penal
/ consequences. Alteration of seniority and reversion have been held to have civil consequences and consequently, alteraction of seniority or reversion from a given rank without the grant of an opportunity have been held to be vitiated, being violative of basic principles of natural justice."
3
!"#$ $
)
)
! *
& &
7 / < " " %
"
!"
. ! # % !% #"
.
"
!" "! "
"
.
"#
!! .
#
%
"! 5755 8
3 29 " =
"
;
"# " .
2 ) " # "
! "
% # %# " !% # "
!" "! # ." "
. "#
"
.
" % % # % !" !"" !# -"
"
.
! #
! %
" < " % !
!""
"!
) # ! ! "#
% " "
# ) "
- % 07 ,012 "
# )
" )
!# 3!" " !" >" " "" " )
-)1 $$ %
'
> )"
.1 ?1( > ?1(