সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Constitution of Bangladesh Article 102-The principle of "Audi Alteram Partem"
The High Court Division held that the principles of natural justice are applied to administrative process to ensure procedural fairness and to free it from arbitrariness. Violation of these principles results in jurisdictional errors. Thus in a sense, violation of these principles constitutes procedural ultra vires. It is, however, impossible to give an exact connotation of these principles as its contents are flexible and variable depending on the circumstances of each case, i.e., the nature of the function of the public functionary, the rules under which he has to act and the subject-matter he has to deal with. These principles are classified into two categories-(i) a man can not be condemned unheard (audi alteram partem) and (ii) a man can not be the judge in his own cause (nemo debet esse judex in propria causa), The contents of these principles vary with the varying circumstances and those can not be petrified or fitted into rigid moulds. They are flexible and turn on the facts and circumstances of each case. In applying these principles, there is a need to balance the competing interests of administrative justice and the exigencies of efficient administration. These principles were applied originally to courts of justice and now extend to any person or body deciding issues affecting the rights or interests of individuals where a reasonable citizen would have legitimate expectation that the decision-making process would be subject to some rules of fair procedure. These rules apply, even though there may be no positive words in the statute requiring their application. Mainul Hossain and another - Vs. Ministry of Land (Spl.Original) 21 ALR (HCD) 298-302
Audi Alteram Partem (Violation of principle of natural justice)- It is a fundamental principle that the person or persons sought to be affected adversely must be given not only an opportunity of hearing but a fair opportunity of hearing. Since the cancellation of recognition and stopping payment of monthly pay order, in fact, are punishment to the students, teachers and employees of the Madrasha, principle of natural justice demands that before passing the impugned order an opportunity ought to have been given to the writ petitioners to explain their position but that has not been done. In Mohinder Shingh Gill vs The Chief Election Commissioner (AIR 1978 SC 851) Krishna Iyer, has made it clear that principle of natural justice is a vital part of rule of law.
The writ respondent appellants have violated the principle of "Audi Alteram Partem". We do not find any wrong in the judgment of the High Court Division which calls for any interference by this Division. ...Government of Bangladesh =VS= Md Sohrabuddin, [6 LM (AD) 14]
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