#administrative fairness

Allahabad HC directs reconsideration of ex-gratia compensation for a police officer's Covid-19 death within three months, emphasizing beneficial interpretation of government orders. The ruling underscores administrative fairness in processing claims despite hyper-technical rejections.

The Madhya Pradesh High Court has ruled that no demolition of property by a municipal corporation can proceed without issuing a statutory notice, providing a meaningful hearing, and passing a reasoned order. This reinforces the constitutional guarantee of procedural fairness under Article 21 and binds all municipal authorities to comply with the Municipal Corporation Act before depriving citizens of property.

MP High Court reinstates an Anganwadi Sahayika whose appointment was cancelled for late caste certificate submission, emphasizing that administrative fairness does not extend to condoning procedural lapses post-deadline. The ruling underscores that reservation eligibility hinges on timely compliance with documentary requirements, protecting merit-based selections from retrospective challenges.

MP High Court stays the transfer of a Gram Panchayat Secretary after four transfers in one year, ruling that frequent transfers without replacement disrupt administrative fairness and service efficiency. The court directed the authorities to decide the pending representation within 30 days, reinforcing natural justice principles in public employment.

CESTAT Kolkata has ruled that customs supervision fees for special bonded warehouse operators must be calculated on Merchant Over Time (MOT) basis when services last less than half a day, invalidating Cost Recovery Charges (CRC) demands under Circular 32/2016-Cus. This sets a critical precedent for duty-free retailers and warehouse operators across India, ensuring fair cost allocation based on actual time rendered, not arbitrary daily billing.

Karnataka High Court rules that authorities cannot demolish access roads over Rajakaluves without affording property owners a prior hearing under Section 68 of the Karnataka Land Revenue Act, 1964. The judgment reinforces natural justice principles, protecting property rights against coercive administrative actions.

ITAT Mumbai rules that the lack of an express irrevocability or dissolution clause in a trust deed does not justify rejection of registration under Section 12AB. The tribunal emphasizes substantive compliance over technical omissions, ensuring charitable trusts are not penalized for procedural gaps without statutory backing.

Allahabad HC rules that minor, bona fide mistakes in online applications-such as incorrect dependency status-do not justify candidature cancellation if eligibility remains unaffected. The court emphasized that administrative fairness and natural justice must prevail over technical errors, protecting applicants from arbitrary disqualification.

The Gauhati High Court has ruled that public sector entities like IOCL cannot debar contractors without disclosing all material evidence, including vigilance reports, prior to imposing blacklisting. This reinforces that procedural fairness is non-negotiable in procurement decisions, protecting vendors with long-standing records from arbitrary exclusion based on secret allegations.

MP High Court Jabalpur ruled that removing an educator from charge without a prior show cause notice violates principles of natural justice under Articles 14 and 21. The court quashed the impugned order, directing authorities to issue a show cause notice and pass fresh orders after considering the petitioner's reply, reinforcing procedural fairness in public employment.

MP High Court directs Bank of India to adjudicate transfer requests on spouse and medical grounds within 30 days, emphasizing compliance with its own policy under Article 226. The ruling reinforces administrative fairness in employment transfers, particularly for employees facing critical family medical emergencies.

Chhattisgarh High Court holds that failure to communicate adverse Annual Confidential Reports (ACRs) deprives employees of the right to representation, vitiating administrative fairness. The court directed authorities to allow the petitioner to seek upgradation of 'Poor' ratings within 30 days, with a decision mandated within 90 days.

The Punjab and Haryana High Court ruled that imposing a typing test eight years after promotion, with no prior warning, training, or mention in the original promotion order, breaches the doctrine of legitimate expectation and natural justice. The court mandated a six-month grace period for compliance, setting a critical precedent for public employees facing retroactive service conditions.

CAT Ahmedabad quashes railway promotion exam results due to flawed answer key assessment, holding that procedural fairness mandates expert re-evaluation. The ruling reinforces that administrative bodies cannot rely on arbitrary or unverified answer keys for critical career promotions, impacting government employees nationwide.

The Meghalaya High Court has ruled that while donors of land for public infrastructure have no automatic entitlement to employment, the state is legally bound to conclude any initiated process for employment concession fairly and without undue delay. This sets a critical precedent for administrative accountability when public contributions are made in good faith, reinforcing that procedural fairness trumps policy gaps.