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Regarding observance of principles of natural justice in adjudication
proceedings
Circular No. 65
dated 27th July 2000
It has come to the notice of the board that the
principles of natural justice are not being followed during adjudication of
the cases, which result in frequent remand of cases on the ground of
non-observance of the principles.
2. In terms of the
section 124 of the Custom's Act, 1962, no order confiscating any goods or
imposing any penalty shall be issued unless a show-cause notice is issued to the
party and the party has been given an opportunity to make a representation in
writing. An opportunity of personal hearing has also to be granted mandatory. In
addition to the provisions of the Act, the principles of Natural Justice need to
be adopted and followed by all quasi-judicial authorities, as these are one of
the Fundamental Principles of the Rule of the Law. Issuance of a reasoned and
speaking order is also inherent in the Principles of Natural Justice.
3. The observance of
Principles of Natural Justice by Departmental adjudicating authorities will
result in avoidance of frequent remand of cases on the ground of non-observance
of the same. The Departmental Adjudication manual contains detailed
instructions/ guidelines about the Principles of Natural Justice, which must be
followed in letter and spirit by each Departmental adjudicating authority.
4.
These instructions may be brought to the notice of all concerned by way
of issuance of Suitable Standing Order.
5.
Difficulties, if any, in implementation of these instructions, may be
brought to the notice of the board.
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