VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 421
orders to be made shall depend upon the answer
to the said query. (It is made clear that this principle
(No.5) does not apply in the case of rule against
bias, the tests in which behalf are laid down
elsewhere).
(6)While applying the rule of audi alteram partem
(the primary principle of natural justice), the Court /
Tribunal / Authority must always bear in mind the
ultimate and overriding objective underlying the said
rule, viz. to ensure a fair hearing and to ensure that
there is no failure of justice. It is this objective which
should guide them in applying the rule to varying
situations that arise before them.
(7)There may be situations where the interest of
State or public interest may call for a curtailing of
the rule of audi alteram partem. In such situations,
the court may have to balance public / State interest
with the requirement of natural justice and arrive at
an appropriate decision.
(421)
817
Plea of guilty
In the face of admission of guilt by Charged Officer,
of failing to deposit the money collected by him,
rejection of his belated request to examine more
witnesses, by the Inquiry Officer, justified.
Addl. District Magistrate (City), Agra vs. Prabhaker Chaturvedi,
AIR 1996 SC 2359
The respondent, an employee in the office of the Addl. District
Magistrate (City), Agra was dismissed from service for
misappropriation of Rs.21,094.80 collected by him partly in March,
1984 and partly in Aug. 1984 for a few months upto 14-12-84. The