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TMI Blog2009 (7) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the post of Accounts Clerk and that request was considered by the Committee on 6.1.1998 and recommended his case for change of his nomenclature from daily wager to Accounts Clerk and on the recommendation so made, the Electrical Superintending Engineer, Department of Energy, Electric Works Circle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebasis 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 observed, that, where grant of opportunity in terms of principles of natural justice does not improve the situation, `unless formality theory' can be pressed into service. 5) The issue that requires to be decided in this civil appeal is, whether the order passed by Chief Electrical Engineer dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, unreasonable and in breach of principles of natural justice. The administrative decision taken by the respondents is within the realm of public law and therefore, the decision ought to have been taken in a fair and reasonable manner. This was more necessary because the action cancelling the promotion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 that though the appellant was engaged as a daily wage worker, he was directed to discharge the work of Accounts Clerk. The Circle Promotion Committee had recommended the case of the appellant for change of nomenclature from labourer to Accounts Clerk. On the basis of the recommendations made, the Electrical Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 qualification and experience and it is his further case that though he was appointed as a daily wager, right from his induction, he was directed to discharge the work of Accounts Clerk. It is also his case that on the recommendation made by Circle Promotion Committee, the incharge Chief Electrical Engineer has p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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