Passing Orders Without Granting Opportunity For Cross-Examination Violative Of Principles Of Natural Justice: Orissa High Court

The Orissa High Court has held that denying the opportunity for cross-examination of witnesses before passing orders, involving civil consequences is violative of the principles of natural justice.

While granting relief to the petitioners against the order of the Railway Tribunal, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:

“Justice must not only be done but must also be seen to be done. It is trite that requirement of giving reasonable opportunity of being heard before an order is made by an administrative, quasi judicial or judicial authority, particularly when such an order entails adverse civil consequences.”

Background

The petitioners had filed a case before the Railway Claims Tribunal, Bhubaneswar praying therein for a grant of compensation amount sum of Rs. 10,00,000/- for a rail accident. Considering the grievance of the petitioners, the Tribunal issued a notice to the respondent and the matter was fixed for hearing.

The case was posted for examination and cross-examination of the witnesses of the respondent on 17.08.2023. However, due to illness, the counsel for the petitioners sought adjournment from the Tribunal over a virtual hearing.

Later, the counsel for the petitioners came to know from the case records that two witnesses of the respondent were already examined by the Tribunal on 17.08.2023 and the case was fixed to 27.09.2023 for argument.

The petitioners filed an application for the recall of the witnesses for cross-examination but the Tribunal rejected the application. Being aggrieved by such rejection, the petitioners approached the High Court filing this writ petition.

The counsel for the petitioners submitted that the two witnesses of the respondent were essential, vital and relevant to the case of the petitioners for proving the claim. It was argued that the absence of the counsel for the petitioner on the date of examination was bona fide and was bereft of any malicious intent.

Thus, it was prayed that the two witnesses must be recalled for cross-examination, failing which irreparable loss, injury and prejudice shall be caused to the petitioners.

Court's Observations

The Court held that denial of cross-examination was violative of principles of natural justice. It further observed that reasonable opportunity of being heard must be ensured before an order is made by an administrative, quasi-judicial or judicial authority, particularly when such an order entails adverse civil consequences.

Justice Panigrahi cited the decisions of the Supreme Court in Maneka Gandhi v. Union of India, Maharashtra State Financial Corporation v. M/s. Suvarna Board Mills and East India Commercial Company Ltd., Calcutta v. The Collector of Customs, Calcutta, wherein it was held that granting opportunity for cross-examination is a part of rules of natural justice.

Therefore, the Bench held that order dated 27.09.2023 passed by the Tribunal without allowing cross-examination is an act of gross violation of natural justice and deserves to be quashed.

“It is directed that the Railway Tribunal shall recall the concerned witness for cross-examination by the counsel for the petitioners. The said recall exercise will be complete within one month from the date of presentation of this order,” the Court ordered.

Case Title: Debaraj Sahoo & Anr. v. Union of India

Case No.: W.P.(C) No. 39597 of 2023

Date of Judgment: February 08, 2024

Counsel for the Petitioner: Mr. Sankaracharya Choudhury, Advocate

Counsel for the Respondent: None

Citation: 2024 LiveLaw (Ori) 16

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