TMI Blog2009 (7) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... t Patna in L.P.A. No. 887 of 2005 dated 7.9.2005, wherein and whereunder, the Division Bench has set aside the order passed by the learned Single Judge in W.P. No. 1677 of 2001 dated 5.7.2004. 4) The facts which are not in dispute are, the appellant was appointed on daily wages on 31.12.1976 and he was made permanent in the work charge establishment on 15.5.1989 along with several other persons in the respondent - establishment. It is the assertion of the appellant that though he was appointed as a daily wager, he was asked to discharge the work of Accounts Clerk in view of his qualification and experience. It is also stated, that, he had filed an application before the Circle Promotion Committee for his promotion or re-appointment to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtunity of hearing was granted, the result would have been the same. The Court to sustain its view, has placed reliance on the observations made by this Court in the case of State of Maharashtra and Others vs. Jalgaon Municipal Council and Others - (2003) 9 SCC 731 and Canara Bank and Others vs. Debasis Das and Others - (2003) 4 SCC 557. In Jalgaon Municipal Council's case, it was stated there is also a situation which Prof. Wade and Forsyth term as `dubious doctrine' that right to fair hearing may stand excluded where the Court forms an opinion that a hearing would make no difference. However, it was held that utter caution is needed before bringing the last exception into play . In the case of Canara Bank and Others, it was obser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d against in the instant case is an administrative decision. The decision is likely to have far reaching civil consequences for the appellant, as it has adversely affected his right to continue in the promotional post. Therefore, in our view, the decision concerning the promotion makes itself available for scrutiny by the Courts on the touchstone of well-established principles of natural justice. 8) The decision that was questioned before the Court was an administrative decision having civil consequences and is alleged to have been taken without affording an opportunity of hearing to the appellant. The argument of the learned Counsel for the appellant, basically is that, the administrative decision taken by the respondents is unfair, unr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c body results in civil consequences for the person against whom the action is directed, the duty to act fairly can be presumed and in such a case, the administrative authority must give a proper opportunity of hearing to the affected person. This Court in Canara Bank's case (supra) has stated that the adherence to principles of natural justice as recognized by all civilized states is of supreme importance or when a quasi judicial body embarks on determining dispute between the parties, or any administrative action involving civil consequences is an issue. Even an administrative order, which involves civil consequence must be consisted with the rules of natural justice. 9) In the instant, it is not in dispute between the parties tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant before passing the impugned order and therefore, the impugned order is in violation of principles of natural justice. 10) The Division Bench of the Court does not dispute the fact of passing of the impugned order without hearing the appellant, but condones the procedural irregularity by bringing it under the doctrine of futile exercise . According to the Court, even if an opportunity of showing cause was afforded to the appellant, it would not have made any difference. We fail to understand the logic adopted by the Division Bench. The reason being, that, it is the case of the appellant that on a recommendation made by Circle Promotion Committee, he was regularly promoted to the post of Accounts Clerk, since he had necessary qua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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