TMI Blog2003 (9) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 3 of the Act, which reads as under : 3. Appointment of Commission.- (1) The appropriate Government, may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by [each House of Parliament or, as the case may be, the Legislature of the State,] by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the Inquiry and perform the functions accordingly: xxx xxx xxx (2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed as the Chairman thereof. Xxx xxx xxx (4) The appropriate Government shall cause to be laid before [each House of Parliament or, as the case may be, the Legislature of the State,] the Report if any, of the Commission on the inquiry made by the Commission under sub-section (1) together with a memorandum of the action taken thereo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bservations against him, in the Report, more so, when the respondent no.1 was not issued notice under Section 8B of the Act. If the notice had been given it might have provided an opportunity to the respondent no.1 to dispel whatever misconceptions were entertained and the findings recorded in the Report. It would be appropriate to peruse the provision as contained under Section 8B of the Act : 8B. Persons likely to be prejudicially affected to be heard.- If, at any stage of the inquiry, the Commission,- (a) considers it necessary to inquire into the conduct of any persons or (b) is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: Provided that nothing in this section shall apply where the credit of a witness is being impeached. One of the paragraphs of the Report in which a reference to Mr.Advani has been made as also quoted in the judgment of the High Court, reads as follows : ..Thus Jansangh disappeared and became a part of the Janta Part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to a decision Reported in AIR 1967 SC p. 122, The State of Jammu and Kashmir Ors. Vs. Bakshi Gulam Mohammad Anr., observed that an authority who takes a decision, which may have civil consequences and affects right of a person, the principle of natural justice would at once come into play. Reputation of an individual is an important part of one's life. The High Court then quoted a passage from a decision of this Court reported in AIR 1989 SC p.714 Smt.Kiran Bedi and Jinder Singh Vs. Committee of Inquiry Anr., which passage contains the observations from an American decision in D.F.Marion V. Minnie Davis, 55 American LR 171, reads as follows : The right to enjoyment of a private reputation, unassailed by malicious slander is of ancient origin, and is necessary to human society. A good reputation is an element of personal security and is protected by the Constitution equally with the right to the enjoyment of life, liberty and property. Some decisions, to which our attention has been drawn by Shri Harish N.Salve, learned senior counsel appearing for the respondent no.1, may be referred. 1983 (1) SCC p.124, Board of Trustees of the Port of Bombay Vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e course of the inquiry or whose reputation is likely to be prejudicially affected by the inquiry. It is further provided that such a person would have a reasonable opportunity of being heard and to adduce evidence in his defence. Thus the principle of natural justice was got inducted in the shape of statutory provision. It is thus incumbent upon the Commission to give an opportunity to a person, before any comment is made or opinion is expressed which is likely to prejudicially affect that person. Needless to emphasise that failure to comply with principles of natural justice renders the action non-est as well as the consequences thereof. Shri Dinesh Dwivedi, learned counsel appearing for the appellant submits that since no action has been taken against the respondent no.1 so far, in pursuance of the report of the Inquiry Commission there was no occasion for him to move the Court in the matter. It was not the appropriate stage to raise any grievance by filing a petition challenging certain observations made by the Commission of Inquiry. The petition was thus premature. We feel that it may not be necessary for a person to wait till certain action is initiated by the Government cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Ors., a Constitution Bench Judgement, to submit that the recommendations of Commission of Inquiry are not enforceable proprio vigore. It is not an adjudication. It is merely a recommendation of the Commission. On the basis of the decisions referred to above, much stress has been given on the point that this was not the stage for respondent no.1 to have approached the Court raising any grievance in respect of some observations made here and there while inquiring into the Bhagalpur communal riots, its reasons and to recommend measures to check such recurrences in future. We have already observed that had it been only a question of any adverse action being taken against the person against whom some adverse finding has been recorded, the contention of the learned counsel for the appellant may perhaps would have been entertainable. The government actually takes action or it does not or the fact that the report is yet to be considered from that angle, cannot be a reason to submit that it won't be appropriate stage to approach the Court. There may be occasions where after consideration of report the government may not decide to take any action against the person concerned yet the ..... 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