(1.) S.L. Kapoor v. Jagmohan,(1980) 4 SCC 379. is a landmark decision of this Court, delivered more than half a century back, delineating the contours of the principles of natural justice, more particularly the right to be heard before one is condemned. The supersession of the New Delhi Municipal Committee was challenged on the ground that it was in violation of the principles of natural justice, since no show cause notice was issued before the order of supersession was passed. Linked with that question was the question whether the failure to observe the principles of natural justice matters at all, if such observance would have made no difference, the admitted or indisputable facts speaking for themselves. The golden words of Hon'ble O. Chinappa Reddy, J., speaking for the three-Judge Bench, rings in our ears:
(2.) The above passage from S.L. Kapoor (supra) came to be noticed in the Constitution Bench decision of this Court in Olga Tellis v. Bombay Municipal Corporation,(1985) 3 SCC 545. and met with an unconditional approval. Hon'ble Y.V. Chandrachud, CJI. speaking for the Bench (which incidentally included Hon'ble O. Chinappa Reddy, J.) ruled that the said observations sum up the true legal position regarding the purport and implications of the right of hearing.
(3.) Close on the heels of Olga Tellis (supra), another Constitution Bench upon a survey of precedents on the point of fair and impartial hearing observed in Union of India v. Tulsiram Patel,(1985) 3 SCC 398. as follows:
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