#natural justice

The Supreme Court admitted an appeal by a UP Police constable candidate rejected by the departmental medical board for alleged squint, despite two independent expert opinions from GSVM Medical College and UHM District Hospital certifying normal vision. The ruling will clarify whether expert medical evidence from reputable institutions can override a departmental board's adverse finding in recruitment.

The High Court overturned a family court order awarding custody to a father who had remarried without divorce, abandoned his younger son, and flouted a restitution decree. The father's bigamy and contempt of court orders rendered him unfit; the children's welfare was held paramount, granting custody to the mother with supervised DLSA visitation.

Gujarat HC quashed the bail cancellation order of the POCSO Judge, Deesa, holding that Section 528 BNSS requires a hearing before liberty can be curtailed, safeguarding accused in POCSO cases and preventing bail withdrawal without a fair hearing.

The Madras HC quashed a suspension and demotion order under the SH Act, 2013, holding the inquiry violated natural justice by denying accused a chance to defend himself, and stressed that SH Act inquiries must give accused a hearing to protect rights.

The Rajasthan High Court upheld the Competent Authority's appointment under Section 2(7A) of the Railways Act, 1989, deeming it valid despite a later acquisition notification. It found no prejudice in the hearing process and no illegality in compensation, impacting landowners of the Nathdwara rail line.

Patna HC quashed a 75% pension cut, ruling departmental proceeding on 2006-09 allegations initiated in 2015 was time-barred under Rule 43(b) of Bihar Pension Rules and violated natural justice by ignoring defence and relying on ex-parte report.

The Supreme Court set aside the PMGSY recovery order, holding that cross contract recovery can be effected only with express authority and must observe natural justice. It ordered the release of Rs.84,17,003 plus 6% interest from 27 September 2025 to the contractor.

Calcutta HC quashed KMC’s closure notice against Srideep Guest House, holding that a closure order under Sec 416(5) issued without show-cause breaches natural justice and requires authorities to give businesses a hearing before imposing penalties.

The Punjab & Haryana HC held that SBI’s fraud classification complied with natural justice after a show cause notice, forensic audit report and reply were considered, clarifying RBI Directions on fraud reporting, affecting lenders and directors.

Calcutta HC quashed garnishee orders against SBI, holding bank cannot be deemed a defaulter under ESI Act if the customer’s account is inoperative and zero-balance, shielding banks from ESI liability, curbing recovery officer’s power to attach funds.

The MP HC ruled CCI cannot launch suo motu inquiries into liquor sector via an untabled CAG report, holding the State Excise Act prevails over the Competition Act 2002 and the report’s redaction breached natural justice, shielding liquor firms from probes.

CAT Mumbai set aside ₹2,14,168 recovery from a Group C railway employee, holding excess pay cannot be recovered without notice and a hearing (Rafiq Masih, Thomas Daniel). It ordered the railway to restore basic pay to ₹87,700 and repay the amount with interest.

CESTAT held that adjusting a SAD refund against a sub-judice duty drawback demand is impermissible under Section 142 of the Customs Act, ordering repayment of ₹17,96,125 with interest under Section 11BB and stating that recovery must await adjudication.

Calcutta HC ruled banks cannot partially freeze accounts on mere mule suspicion without evidence, notice, and hearing - violating natural justice and RBI Master Directions. Ordered defreeze with lien only on disputed ₹10 lakh and a six-week decision deadline, affirming proportionality and due process for account holders.

The Delhi High Court set aside an IOCL Chief Manager's dismissal, holding that the disciplinary authority cannot adopt findings more adverse than the inquiry officer's without reasons and a hearing. The Chairman's dual role as disciplinary and appellate authority violated natural justice, and the penalty was grossly disproportionate to the proven misconduct of backdating and shared negligence.