VIGILANCE MANUAL VOLUME III - AP Online

710 DECISION - 349
(349)
Principles of natural justice — where not attracted
Action of public service Commission in not
subjecting answer books to evaluation where roll
numbers are written not only on the front page in
the space provided but at other places in disregard
of instructions, without affording opportunity of
hearing, not arbitrary.
Karnataka Public Service Commission vs. B.M. Vijaya
Shankar and others,
1992(5) SLR SC 110 : AIR 1992 SC 952
Some candidates for the State Civil Service for categories
‘A’ and ‘B’ posts wrote their roll numbers not only on the front page of
the answer books in the space provided for it but even at other places
in disregard of instructions issued by the Public Service Commission,
and these answer books were therefore not subjected to evaluation.
The Karnataka Administrative Tribunal directed that their answer
books be evaluated, on the ground that the Commission failed to
afford any opportunity to the candidates to explain their bona fide
and innocence.
The Supreme Court observed that even though the procedure
of affording hearing is as important as decision on merits, yet urgency
of the matter or public interest at times requires flexibility in application
of the rules as the circumstances of the case and the nature of the
matter required to be dealt with may serve interest of justice better by
denying opportunity of hearing and permitting the person concerned
to challenge the order itself on merits not for lack of hearing to establish
bona fide or innocence but for being otherwise arbitrary or against
rules. The Supreme Court held that it is a case where natural justice
before taking any action stood excluded as it did not involve any
misconduct or punishment. The present case cannot be equated with
those where a student is found copying in the examination or an
inference arises against him for copying due to similarity in answers of
number of other candidates or he is charged with misconduct or