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Index >> Letter P  
Principle of natural justice : meaning

Principle of natural justice is based on the two legal maxims "Nemo debet essa judex in propria cause" which means no one can be judge of his own cause, Audi Alteram Partem" which means opportunity of fair hearing to the other side must be afforded.

This is a rule which generally applies in disciplinary proceedings against an employee charge of misconduct or any guilt. As per the rule of principle of natural justice, an enquiry into the allegation labeled against the employee must be initiated and a fair opportunity of bearing heard must be afforded to such employee. Thus this rule requires that:

(1) charged employee should be given notice of the charges he is called upon to explain and the allegations on which those are based;

(2) evidence should be taken in the presence of the charged employee;

(3) he should be given opportunity to cross-examine the prosecution witnesses;

(4) he should have the opportunity of adducing all relevant evidence on which he relies;

(5) no material should be relied on against him without giving him an opportunity of explaining such material.







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