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2010 (9) TMI 774 - DELHI HIGH COURTMinistry of Finance constituted an Authority named as 'Justice R.S. Pathak Inquiry Commission' to go to the root of certain matters of definite public importance - Power and scope of inquiry commission - the Commission of Inquiry Act, 1952? - held that:- When an authority is constituted by the competent government and resort is taken to Section 11 of the Commissions of Inquiry Act, 1952, it does not necessarily result in the application of Sections 8B and 8C of the Act to the proceedings before the Inquiry Authority / Commission. The legislature has the power to exclude the applicability of the principles of natural justice either expressly or impliedly and when Sections 8B and 8C of the Act have not been made applicable to the Inquiry Authority / Commission while issuing a notification under Section 11 of the Act, the doctrine of audi alteram partem stands excluded. Once the applicability of Sections 8B and 8C of the Act have not been made applicable to the Inquiry Authority / Commission which actually tantamounts to exclusion of the said provisions, a noticee, especially in an inquiry of the present nature which is a fact finding or preliminary inquiry, has no right to demand copies of the documents and affidavits or to be represented by legal practitioner or to cross-examine the witnesses examined by the Commission in the inquiry. Whether the opinion formed by the Government for not applying Sections 8B and 8C of the Act to an Authority / Commission is justified or not can be questioned in a court of law on permissible grounds, namely, arbitrariness, unfairness, unreasonability, irrationality, etc.
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