Natural Justice To Be Read Into A Statute If It Is Silent On Granting Opportunity Of Hearing To Parties : Kerala High Court

The Kerala High Court on Tuesday held that even if a statute does not provide for granting an opportunity of hearing to parties, principles of natural justice have to be read into the statute. While allowing a plea moved by a woman who was terminated from service without personal hearing, Justice Murali Purushothaman held that such a termination order was violative of principle of natural justice. "Since it is not disputed that Ext.P14 (Zonal Manager's order) has been passed without affording an opportunity of hearing to the petitioner, I find that the order is issued in violation of principles of natural justice. If the statute is silent with regard to providing opportunity of personal hearing to the affected person, particularly when the decision involves adverse civil consequences of termination of service, natural justice has to be read in to the statute." The petitioner is a Development Officer at Life Insurance Corporation of India. In November 2021, the Senior Divisional Manager passed an order terminating her service. The termination is to take effect on expiry of 3 months from the date of receipt of the order as per the provisions of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service Rules) 2009. Against the termination order, the petitioner preferred a statutory appeal in December before the Zonal Manager but this was rejected. Aggrieved by the same, she approached the Court.Representing the petitioner, Advocate Binoy Vasudevan argued that she could not bring in the required premium for the appraisal year due to the situation created by Covid-19 pandemic and the maternity leave she availed. Therefore, it was submitted that the termination order was passed without application of mind and in total disregard to the principles of natural justice since the she was not heard before it was passed. He further pointed out that the Zonal Officer had also rejected the petitioner's appeal without considering these aspects and without hearing her. On the contrary, Standing Counsel for LIC S. Easwaran contended that there is no provision for a personal hearing of the parties before an order is passed in the appeal under the statute governing the consideration of appeal.The Court noted that there was no dispute that the petitioner was not heard before she was terminated. She was not heard before her appeal was dismissed either. Under such circumstances, the Judge found that such an order was issued in violation of principles of natural justice. Accordingly, the Zonal Manager was directed to consider the petitioner's appeal afresh after affording an opportunity of hearing to the petitioner and pass a reasoned order within 8 weeks. Till this is done, the petitioner was allowed to continue in service. Case Title: Nimmy Rose James v. Life Insurance Corporation of India & Ors. Citation: 2022 LiveLaw (Ker) 71Click Here To Read/Download The Order

Natural Justice To Be Read Into A Statute If It Is Silent On Granting Opportunity Of Hearing To Parties : Kerala High Court

Hannah M Varghese

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