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Audi Alteram Partem (Violation of principle of natural justice¬)–
It is a fundamental principle that the person or persons sought to be
affected adversely must be given not only an opportunity of hearing but a
fair opportunity of hearing. Since the cancellation of recognition and
stopping payment of monthly pay order, in fact, are punishment to the
students, teachers and employees of the Madrasha, principle of natural
justice demands that before passing the impugned order an opportunity ought
to have been given to the writ petitioners to explain their position but
that has not been done. In Mohinder Shingh Gill vs The Chief Election
Commissioner (AIR 1978 SC 851) Krishna Iyer, has made it clear that
principle of natural justice is a vital part of rule of law.
The writ respondent appellants have violated the principle of "Audi Alteram
Partem". We do not find any wrong in the judgment of the High Court
Division which calls for any interference by this Division. ...Government
of Bangladesh =VS= Md Sohrabuddin, (Civil), 2019 (1) [6 LM (AD) 14] ....View Full Judgment
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