Departure from Principles of Natural Justice -M/S.
Narendra Explosive Ltd. versus Competition
Commission of India
Madhya Pradeh, India
Uttar Pradeh, India
Volume II, Issue I, 2018
The concept and canon of Principles of Natural Justice along with is applicability is not new to our Justice delivery system. Not to defy, it is as old as the system of dispensation of justice itself. It has by now assumed the importance of being, so to say, “an essential inbuilt component” of the mechanism, through which decision-making process passes, in the matters stirring the rights and liberty of the people. Without any doubt, the principles are encompassed in the procedural requirement under variety of laws but it also ensures a strong safeguard against any Judicial or administrative order or action, which might adversely affect the substantive rights of the individuals.
The present case comment relates to the Competition Appellate Tribunal which came down heavily upon a Competition Commission of India’s final order which was pronounced on 10th of June 2015 in the presence of Chairman and four other members including Mr. Sudhir Mital who did not take part in the hearing of the case held on 8th of January 2015. Competition Appellate Tribunal without any doubt regards this move of the commission as a “grave miscarriage of justice”