TMI Blog2013 (2) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with law. As the matter is lingering since 1991, we hope and trust that appropriate orders will be passed expeditiously. - Misc. Bench No. 4136 of 1991 - - - Dated:- 21-2-2013 - RAJIV SHARMA AND SAEED-UZ-ZAMAN SIDDIQI, JJ. For the Appellant : S.M.K. Chaudhari, Bharat Ji Agrawal, Senior Advocates and Piyush Agrawal For the Respondents : H.P. Srivastava, Additional Chief Standing Counsel, Heard Mr. Bharat Ji Agrawal and Mr. S.M.K. Chaudhari, Senior Advocates duly assisted by Mr. Piyush Agrawal, learned counsel for the petitioner and Mr. H.P. Srivastava, learned Additional Chief Standing Counsel The controversy involved in the instant writ petition is that the petitioner has not been granted eligibility certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said committee on July 11, 1991. In the said meeting, out of three members, two members had agreed to grant the eligibility certificate granting exemption from payment of tax to the unit established by the petitioner for the manufacture of vanaspati. Owing to difference of opinion between the Commissioner of Sales Tax and other two members, the matter was referred to the Secretary Level Committee in accordance with the provisions of notification dated December 26, 1985. As the eligibility certificate was not granted, under the compelling circumstances, the instant writ petition has been filed and a coordinate Bench of this court passed the following order on March 31, 1992: In our order dated December 19, 1991 we had indicated th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... today with the observation that in the meantime it will be open to the opposite-parties to consider and finally dispose of the petitioner s application under section 4A of the U.P. Sales Tax Act, as it is stated that on behalf of the opposite-parties in their affidavit filed in support of this application that the averments of the petitioner that the Secretary Level Committee has already taken a decision in his favour by majority opinion is not correct. In pursuance of the order dated April 7, 1992, the Secretary Level Committee, Lucknow, had passed an order dated April 22, 1992 and the said order was communicated by the Director of Industries. Therefore, the petitioner moved an amendment application, which was allowed by this court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liberal way. Justice is based substantially on natural ideals and human values. The administration of justice is to be freed from the narrow and restricted considerations which are usually associated with a formulated law involving linguistic technicalities and grammatical niceties. It is the substance of justice which has to determine its form. The expressions natural justice and legal justice do not present a watertight classification. It is the substance of justice, which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicate . In the celebrated case of Cooper v. Wandsworth Board of Works [1863] 143 ER 414, the principle was thus stated: (ER page 420) . . . even God himself did not pass sentence upon Adam before he was called upon to make his defence. Adam (says God), where art thou? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat? Principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sulting civil consequences would have to answer the requirement of article 14. The honourable apex court concluded as under: The procedure prescribed for depriving a person of livelihood would be liable to be tested on the anvil of article 14. The procedure prescribed by a statute or statutory rule or rules or orders affecting the civil rights or result in civil consequences would have to answer the requirement of article 14. Article 14 has a pervasive processual potency and versatile quality, equalitarian in its soul and allergic to discriminatory dictates. Equality is the antithesis of arbitrariness. The principles of natural justice are part of article 14 and the procedure prescribed by law must be just, fair and reasonable, and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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