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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