Suresh Koshy George vs The University Of Kerala & Ors on 15 July, 1968
Shri Chagla contended that even if we are to hold that
the power exercised by the authorities in making the
impugned orders had to be exercised judicially, on the facts
of his case we must hold that there was no contravention of
the principles of natural justice. He took us to the
various representations made by the appellant. According to
him the appellant had stated in its representations to the
authorities all that it could have said on the subject.
Therefore we should not hold that there was any
contravention of the principles of natural justice. It is
true as observed by this Court in Suresh Koshy George v. The
University Kerala and Ors.(2) that "the rules of natural
justice are not embodied rules. The question whether the
requirements of natural justice have been met by the
procedure adopted in a given case must depend to a great
extent on the facts and circumstances of the case in point,
the constitution of the tribunal and the rules under which
it functions." In this case what has happened is that both
the appellant as welt as the 5th respondent were making
repeated representations to the Chief Minister as well as to
the Cane Commissioner. The representations made by the 5th
respondent or even the substance thereof were not made
available to the appellant. The proposal to split the
reserved area into two or the manner in which it was
proposed to be split was not made known to the appellant and
his objections invited in that regard. The appellant
complains that the manner in which the area had been divided
had caused great prejudice to it. Its grievance may or may
not be true but the fact remains that it had no opportunity
to represent against the same. Hence the appellant is
justified in complaining that the principles of natural
justice had been contravened.