Umesh Chandra Banerjee, J. - (1.) Fair play and fair treatment ought to be the most accepted methodology of a Governmental action. This is no longer in the realm of consideration but a well-settled principle of law. It is a 'soul of natural justice' and as such would have to be given a full play in all Governmental actions and in the event of there being a departure therefrom, Law Courts ought to rise up to the occasion and declare the same as being opposed to justice, equity and good conscience. To remedy the wrong is a plain exercise of judicial power and there ought not to be any hesitancy in that direction.
(2.) The observations of the Supreme Court in the case of Maneka Gandhi v. Union of India seem to be very apposite. The Supreme Court observed: "Natural justice is a great humanising principle intended to invest law with fairness and to secure justice and over the years it has grown into a widely pervasive rule affecting large areas of administrative action. Thus the soul of natural justice is fair play in action and that is why it has received the widest recognition throughout the democratic world".
(3.) In Bharat Process & Mechanical Engineers Ltd., Assistant Apprentices and Ors v. Bharat Process & Mechanical Engineers Ltd. reported in (1977-II-LLJ-404) this Court observed (p.413): "Arbitrariness cannot and ought not to be the basis of any Governmental action since arbitrariness embraces inequality in all force and that is what is forbidden in law";