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TMI Blog1991 (1) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... vided under the Act was constituted and the respondent was put on trial on 17,2.1988. During the recording of the evidence, though the respondent was given an opportunity to cross-examine the witnesses he declined to do so and according to the enquiring authorities, he pleaded guilty and prayed that a lenient view may be taken. During the trial he was also given an opportunity to examine defence witnesses, if any but he did not do so. It is also averred that since the respondent pleaded guilty, Summary Security Force Court passed the orders and sentenced him to rigourous imprisonment for one year in civil prison and also to be dismissed from service. Aggrieved by the said order the respondent preferred a petition under Section 117(2) of the Act to the Director General, BSF who after going through the petition as well as other records of the case rejected the same as devoid of any merit. The said decision was informed to the respondent. Aggrieved by the same, the respondent filed a petition under Articles 226 and 227 of the Constitution of India before the High Court of Punjab Haryana. It was urged that there was violation of principles of natural justice e since he had not been h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t shall be valid except so far as it may be confirmed as provided under the Act. Sections 108 and 109 deal with the authorities empowered to confirm the decision of the General Security Force Court or an ordinary Security Force Court. Under Section 117, the aggrieved person is entitled to file a petition to the concerned authority mentioned therein against the order passed by any Security Force Court. Section 117 reads as under: 117(1) Any person subject to this Act who considers himself aggrieved by any order passed by any Security Force Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Security Force Court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. (2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Security Force Court which has been confirmed, may present a petition to the Central Government, the Director-General, or any prescribed officer superior in command to the one who conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In State of Haryana v. Ram Krishan and Others, [1988] 3 SCC 416 the question was whether in a case of premature termination of mining leases by the Government, it was necessary to give an opportunity of hearing. The Court held that: Since there is no suggestion in the section to deny the right of the affected persons to be heard, the provisions have to be interpreted as implying to preserve such a right. The Section must be interpreted to imply that the person who may be affected by such a decision should be afforded an opportunity to prove that the proposed step would not advance the interest of mines and mineral development. Not to do so will be violative of the principles of natural justice. Reference may be made to the observations of this Court in Baldev Singh v. State of Himachal Pradesh, [1987] 2 SCC 510, that where exercise of a power results in civil consequences to citizens, unless the statute specifically rules out the application of natural justice, such rule would apply. The learned counsel appearing for the Union of India, however, submitted that the courts have not gone to the extent of holding that in every petition or revision by way of representation filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of personal hearing it was further held that: The President had given ample opportunities at diverse stages to the respondent to make his representations. All evidence placed before the President when he considered the question as to the age of the respondent was disclosed to him and he- respondent-was given an opportunity to make his representation thereon. There is nothing in clause (3) of Article 217 which requires that the Judge whose age is in dispute, should be given a personal hearing by the President. The President may in appropriate cases in the exercise of his discretion give to the Judge concerned an oral hearing, but he is not bound to do so. An order made by the President which is declared final by clause (3) of Article 217 is not invalid merely because no oral hearing was given by the President to the Judge concerned . (emphasis supplied) In Lt. Col. K.N.S. Sidhu v. The Union of India and Others, All India Service Law Journal, 1977 Page 721 a Division Bench of the Punjab Haryana High Court has considered this very question and held that the rejection of a representation made under Section 164(2) of the Army Act without giving a personal hearing does, not su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition to the confirming officer, i.e. the Chief of the Army Staff in this case. He does not appear to have done so. (emphasis supplied) In this decision this Court has held in unambiguous terms that the confirming authority need not give a personal hearing and this ratio applies with equal force to a post confirmation petition under Section 164(2) and consequently to an application under Section 117(2) of the Act. In a recent decision in Shri S.N. Mukherjee v. Union of India, JT (1990) 3 630 a Constitution bench of this Court having noted the principle that requirement to record reasons can be regarded as one of the principles of natural justice which govern exercise of power by administrative authorities, however, proceeded to hold that There is nothing in the language of sub-section (2) of Section 164 which indicates that recording of reasons for an order passed on the post-confirmation petition was necessary . In arriving at this finding, the Bench referred to the ratio laid down in Som Datt Datt's case. At this stage we may refer to another decision of this Court in Union of India v. cor. J.N. Sinha and Anr., [1971] 1 SCR 791 wherein it is held: Rules of natur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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