Customs - Anti Dumping Duty - Designated Authority required to give hearing before giving his findings - Notification No. 36/2005 - Cus - Quashed
IN a Landmark Judgement, the Supreme Court on Friday held that the Designated Authority is a quasi Judicial Authority and was required to give a personal Hearing before giving his findings on imposing of Anti Dumping Duty. The Supreme Court quashed the findings of the Designated Authority as well as the Customs Notification No. 36/2005.
The Supreme Court again explained the concept of ‘natural justice'.
It is trite that rules of "natural justice" are not embodied rules. The phrase "natural justice" is also not capable of a precise definition. The underlying principle of natural justice, evolved under the common law, is to check arbitrary exercise of power by the State or its functionaries. Therefore, the principle implies a duty to act fairly i.e. fair play in action.
It is well settled that unless a statutory provision, either specifically or by necessary implication excludes the application of principles of natural justice, because in that event the Court would not ignore the legislative mandate, the requirement of giving reasonable opportunity of being heard before an order is made, is generally read into the provisions of a statute, particularly when the order has adverse civil consequences which obviously cover infraction of property, personal rights and material deprivations for the party affected.
The aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice.
Even written arguments are no substitute for an oral hearing. A personal hearing enables the authority concerned to watch the demeanour of the witnesses etc. and also clear up his doubts during the course of the arguments.
If one person hears and another decides, then personal hearing becomes an empty formality.
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