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Showing posts from October 5, 2009

Some authoritative views on Fair Hearing, Discretionary Powers & Recording of Reasons

FAIR HEARING As far as back in 1885, LORD SELBORNE said in a case that the administrator is not a judge in the proper sense of the word; but he must give the parties an opportunity of being heard, stating their case and their views. Spackman V Plumstead Board of Works [1885] 10 AC 229. Essential attributes of natural Justice however can be thrown overboard only in exceptional circumstances where need for promptitude or compulsive necessity so demands. Hearing, however once given must be genuine and not formal or empty public relation exercise. In other words there must not be lip service to this rule or an audience allowed which tantamount to nothing. Swadeshi Cotton Mills V Union Of India. AIR 1981 SC 818. DISCRETIONARY POWERS Discretion being an element in all powers, what appears to be a Judicial review for breach of natural justice is in reality a review of abuse of discretion. Discretion in reality means a power given to a person with the authority to choose b