LAWS(GJH)-2000-7-28

DALSUKHBHAI KESHAVLAL Vs. NATIONAL INSTITUTE OF DESIGN

Decided On July 07, 2000
DALSUKHBHAI KESHAVLAL Appellant
V/S
National Institute Of Design. Respondents

JUDGEMENT

(1.) In the present petition, rule has been issued by this Court on 21st April, 1988 and by way of ad interim direction, the operation and implementation of order Annexure -III dated 18th March, 1988 is stayed.

(2.) Suspension is dismissal mitigated at the discretion of the employer by a promise to re -employ. The principles of natural justice are easy to proclaim but their precise extent is far less easy to define.

(3.) The rule against basis is one thing. The right to be heard is another. Those two rules are essential characteristics of what is often called natural justice. They are the twin pillars supporting it. The Romans put them in the two maxims : Nemo Judex in Cause Suo : and Audi Alteram Partem. They have recently been put in the two words : Impartiality and Fairness. But they are separate concepts and are governed by separate consideration.