STATE OF GUJARAT Vs. AMBALAL HAIDERBHAI

JUDGEMENT

(1.) These three Appeals Nos. 967 to 969 of 1971 by special leave which are directed against the common judgment of the High Court of Gujarat dated April 17/18, 1970 in Special Civil Application Nos. 116 of 1967, 1621 of 1967 and 1622 of 1967 arise thus:

(2.) The short but important question which we are called upon to decide in these appeals is whether the enquiry under Rule 4 of the Rules requires compliance with the rules of natural justice.

(3.) As observed by this Court in Suresh Koshy George v. University of Kerala, (1969) 1 SCR 317 = (AIR 1969 SC 198) and reiterated in A. K. Kraipak v. Union of India, (1970) 1 SCR 457 = (AIR 1970 SC 150) rules of natural justice are not rules embodied always expressly in a statute or in rules framed thereunder. They may be implied from the nature of the duty to be performed under a statute. What particular rule of natural justice should be implied and what its content should be for a given case must depend to a great extent on the facts and circumstances of that case, the frame work of the law under which the enquiry is held, and the constitution and nature of duties of the Tribunal or the body of persons appointed for that purpose. Let us, therefore, advert to the provisions of Rule 4 of the Rules which require the appropriate Government to be satisfied with regard to certain matters before initiating acquisition proceedings. The rule is in these terms:-