V.K. THAMPI Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) AS per the direction of this court 1989 (2) KLT 65 - Thampi v. Collector of Central Excise, by the reference order (Annexure N to this petition), the Appellate Tribunal has referred the following four questions which are required to be answered in this proceeding by us: -

(2.) THE answer to these questions requires to know the principles of natural justice in the context. The principles are founded on the bedrock of fairness and reasonableness. 'Justice' implies consideration of the pros and cons of the problem under consideration. It necessitates what is known as 'hearing' in the process. The postulate of adversary system of dispensation of justice presumes hearing the party seeking redress in the context. This hearing, if considered in terms of fairness and reasonableness enunciates basic and fundamental principle that as far as possible, depending on the facts and circumstances of the case under consideration, there has to be an end of solution on a context and this basic approach requires safeguarding of this aspect of hearing also in terms of fairness and reasonableness.

(3.) THE adversary system has also made it necessary to appreciate and understand participation of the members of the profession of law as representatives of the person seeking redress in the context. In this proceeding it will also be necessary to consider the place of importance of representatives in the process of hearing, again as a consequence of fairness and reasonableness.