VIGILANCE MANUAL VOLUME III - AP Online

426 DECISION - 171
(B) Principles of natural justice — not to stretch too far
Rules of natural justice must not be stretched too
far. Only too often the people who have done wrong
seek to invoke the rules of natural justice so as to
avoid the consequences.
H.C. Sarin vs. Union of India,
AIR 1976 SC 1686
The appellant, Sarin was posted as Senior Railway Inspector
in the office of the India Stores Department in London. The
Government of India had placed orders on certain firms in U.K. and
other European countries for supply of materials for the Railways.
Sarin was deputed to West Germany for inspecting the goods at the
premises of a firm. Allegations were levelled against him that he
accepted bribes from the supplier firm and caused delay in the
inspection as a result of which no damages could be recovered from
the firm for the delay in supply. After a preliminary enquiry,
proceedings were initiated against him and the inquiry was entrusted
to a Board consisting of the Deputy High Commissioner and two
officers of the India Stores Department in London. The Board held
its sittings in West Germany and London and submitted its report
holding the charges as proved. After observing the formalities, orders
were passed dismissing him from service. He filed a writ petition
before the Delhi High Court which was rejected after which he
preferred the appeal before the Supreme Court.
Before the Supreme Court, it was contended by the appellant
that he was not allowed to engage a professional lawyer for crossexamining
the proprietor of the German firm who had brought the
allegation against him and that a railway officer of his choice was not
made available to him for conducting his defence. The Supreme
Court rejected the contention and held that the provisions under which
the inquiry was conducted did not provide that he had to be permitted
to engage a professional lawyer and the question on which he was to