VASHRAM LAVABHAI PATEL Vs. (THE) STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) It passes comprehension as to why on earth the request from the petitioner for supply of the documents relied on by and behalf of the State Government for the purpose of deciding the matter was not acceded to and why the documents are not supplied to the petitioner. It was not nor is it the case of the respondent that supply of copies of the documents would cause the greatest possible inconvenience and very huge expenses. Besides, the nature of function to be performed under Section 20(2) of the Act can be said to be quasi-judicial. It is a settled legal position that a person performing such quasi-judicial function is required to observe principles of natural justice. Observance of principles of natural justice presupposes supply of the material relied on by or on behalf of the quasi-judicial authority for the purpose of coming to the conclusion in the matter against the affected party. In that view of the matter, it was incumbent upon the concerned officer of the respondent to have acceded to the request made by the petitioner from time to time for supply of the relevant papers on the basis of which the show-cause notice was issued. Such supply of papers was in consonance with observance of principles of natural justice. Since this has not been done, the impugned order at Annexure F to this petition can be said to be suffering from the vice of contravention of the principles of natural justice. It cannot therefore be sustained in law.

(3.) xxx xxx xxx.