QUASI-JUDICIAL METHOD PROCESS Presented By Wagh Jitendra Dy

QUASI-JUDICIAL METHOD/ PROCESS Presented By: Wagh Jitendra Dy. Collector & Asst. Prof, YASHADA, PUNE

WHAT IS QUASI JUDICIAL PROCESS? Ø quasi-judicial proceedings are similar to but not exactly court proceedings. Ø authorities are not routinely responsible for holding such proceedings and often may have other duties

WHAT IS QUASI JUDICIAL PROCESS? Ø an administrative function is called ‘quasijudicial’ when there is an obligation to assume a judicial approach and to comply with the basic requirements of Natural Justice Ø quasi-judicial referring to the actions of an agency, boards or other government entity in which there are hearings, orders, judgments or other activities similar to those conducted by courts. …. . (Glossary Of Legal Terms)

A quasi-judicial function x purely judicial function (a) A quasi-judicial authority has some of the trappings of a court, but not all of them; nevertheless there is an obligation to act judicially. (b) A dispute between two parties is an essential characteristic of a judicial function, but this may not be true of a quasi-judicial function. (c) A court is bound by the rules of evidence and procedure while a quasi-judicial authority is not. (d) While a court is bound by precedents, a quasi-judicial authority is not. (e) A court cannot be a judge in its own cause (except in contempt cases), while an administrative authority vested with quasi-judicial powers may be a party to the controversy but can still decide it.

FUNCTIONAL SKILLS NEEDED Ø The quasi-judicial function is a challenge to everyone who occupies office Ø To be able to respond to such a noble assignment of dispensing justice efficiently and impartially, a trial court, has to improve his knowledge and skills on : - the concept and concerns of a fair trial and its operational parameters. -the concept of a fair Court, a pro-active & firm executive and administrator. -the methods of fact-finding in quasi-judicial Proceedings. -the art of judgment-order-award writing - the science of value determination and damages calculation.

Management of Quasi-judicial Court Ø management of court proceedings in a fair, dignified, orderly manner. Ø management of case flow, information, accounting records, staff, media, etc. Ø updating knowledge of human rights jurisprudence, right to information, consumer protection and emerging areas of litigation brought about by technological changes. Ø improving professional skills and ethics. Ø changing social order and democratic governance under rule of law.

Qualities of a Quasi-judicial Officer (1) Graciousness : A trial court should cultivate: a) the ability to be gracious and to listen attentively to the parties and their cases. b) A good hearing is soothing to the soul. c) So the Revenue Officer should make point to show interest in every case, no matter how unimportant it seems to be. (2) Moral Courage a) A Officer should not expect to be cheaply popular. b) Officer should develop the courage to do justice whatever the consequences

(3) Reputation for Fairness a) This is something one can develop only by actually being fair and giving such an impression to the people concerned. b) How a Officer conducts his or her private life as well as the his/her manner in the courtroom can give the appearance of unfairness even in case of a Revenue Officer who is, in fact, fair.

CIVIL CASE CYCLE CIVIL SUIT CIVIL APPEAL • Appearance (PF / Service Of Summons) • Ex- partee order (if respondent absent) • Written Statement/Say • No W. S. /No Say Order (if WS/Say not filed by respondent) • Hearing T. I. Application • List of Documents • Issues • List of Witness • Evidence • Argument • Judgment • Appearance • Ex. partee order (if respondent absent) • Awaiting Record and Proceeding • Written Statement/Say • No W. S. /No Say Order (if WS/Say not filed by respondent) • Hearing on Exh 5 (T. I. Application) • Order on Exh 5 • Paper Book • Hearing • Judgment

PRINCIPLES OF NATURAL JUSTICE • Natural justice implies fairness, equity and equality. • The principles of natural justice are firmly grounded in Article 14 & 21 of the Indian constitution • Nemo judex in causa sua - No one should be made a judge in his own cause or the rule against bias. (impartial & application of mind objectively) (personal /pecuniary/ subject-matter/departmental bias/ pre-conceived notion bias ) • Audi alteram partem - Hear the other party or the rule of fair hearing or the rule that no one should be condemned unheard. • One who hears should decide

FAIR TRIAL • Principle of Equality before law • Sec 14 of Indian constitution The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth • Definition of fair trial : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the Constitution or the appropriate state constitution or other law

Requirements of fair trial v There must be real and effective access to a court (this may require access to legal aid. ) v There must be a hearing before an independent and impartial court or tribunal established by law (including unbiased jurors). v The hearing must be held within a reasonable time. (complexity/ its importance/ the behaviour of the applicant and competent authorities)

Requirements of fair trial v The applicant must have a real opportunity to present his or her case or challenge the case against them. This will require access to an opponent’s submissions, procedural equality and generally requires access to evidence relied on by the other party and an oral hearing. v The court of tribunal must give reasons for its judgment. v There must be equality of arms between the parties. v The hearing and judgment must be made public

PROCEDURE OF REVENUE OFFICER v Sec 224 : subordination of revenue officer shall be subject to direction & control of officer to whom he is subordinate v Sec 225 : power to transfer case state govt. may transfer from one revenue officer to another revenue officer of equal or superior rank in same or other district v Sec 226: power to transfer cases to & from subordinates case/ class of case transferred to or from (to other officer or himself) subordinate

v Sec 227 : power to summon persons to give evidence & produce documents i) not below the rank of AK has power ii) person summon shall bound to attend in person or through authorized agent iii) person bound to state truth v Sec 228 : summons to be in writing, signed, & sealed; service of summons i) summon in writing, duplicate, signed by officer issuing & bear his seal ii) service by tendering copy to a person summoned, affixing to conspicuous part of his usual residence iii) other district by post to collector- shall cause to serve as per sub section (ii) v Sec 229: compelling attendence of witness fails- bailable warrant, order for furnishing security, impose fine up to Rs 50

v Sec 230: mode of serving notice tendering copy, sending copy by post to person or authorized agent, affixing at last known place or residence or at public place in the village in which land is situated v Sec 231 : procedure for producing attendance of witnesses cpc procedure (order XVI) v Sec 232: hearing in absence of party i) summons not served for want of PF – dismiss in default ii) party not appearing – case be heard in his absence & decided or dismissed in default iii) application for set aside- decision iv) appeal can be filed against order on set aside application

v Sec 233: adjournment of hearing reason to be recorded & may adjourn – time & place of adjourned hearing be intimated to parties & witness v Sec 234 : mode of taking evidence in formal inquiries i) Marathi, full , in writing, by or in the presence of officer, signed by him, read out to witness & his signature ii) if not taken in full make memorandum of the depose of the witness with his own hand & should be signed by the officer iii) English – be taken by officer & authenticated translation be part of the record v Sec 236: summary inquiries how to be conducted officer himself record the minutes of the proceeding in his own hand, material averments by parties, material part of evidence, decision & reason for same any inquiry directed by code to be summary inquiry = any or all rules applicable to formal inquiry can be applied (124, 145 etc. )

v Sec 237: formal & summary inquiries to be deemed to be judicial proceedings as per section 193, 219, 228 of IPC & office be deemed to be civil court hearing & decision be in public & parties/ agents have notice to attend v Sec 238 : ordinary inquiries how to be conducted not prescribed by act as formal or summary but for execution for his lawful duties procedure as per rule prescribed so as to ascertain facts & furtherance of public good v Sec 239: copies & translations etc. how to be obtained be made available on application subject to charges for copying, searches, inspection

v Sec 240: arrest of defaulter to be made upon warrant v Sec 241 : power to enter upon & survey land building, enclosed court or garden attached to dwelling house- 24 hour notice & social , religious sentiments paid regard to v Sec 242: collector how to proceed in order to evict any person wrongfully in possession of land notice- if not obeyed removing- if obstructed summary inquiry & if satisfied issue warrant for arrest of such person v Sec 243: power to give & apportion cost v Sec 244: persons by whom appearances & applications may be made before & to revenue or survey officer

APPEAL, REVISION & REVIEW APPEAL: - Ø Appeal on decision of revenue officer or survey officer to lie as specified in schedule E (subdivision. SDO/Dy collector, SDO- collector/ dy collector, collector/ dy collector - commissioner) (sec 247(1)) Ø Maximum Two Appeals Ø Same officer – transferred as per code (sec 247(2)) Ø Commissioner/ SC & DLR- Govt. (sec 248) Ø Order varying any order in review is appealable as an original decision (sec 249(1)) Ø Order varying any order in revision is appealable as if it were order passed by revisional authority in appeal (sec 249(1))

APPEAL: - Ø If order passed by officer inferior to collector/ SLRappeal period is 60 days else 90 days, (from day on which decision is received by appellant, period required for obtaining copy be excluded )(sec 249) Ø Admission of appeal after period of limitation (sec 251) Ø No appeal against i) order of admitting an appeal or review under sec 251 ii) rejecting an application for revision / review iii) granting/ rejecting an application for stay (sec 252) Ø If last day of period provided for appeal falls to be a Sunday or holiday, the day following holiday shall be last day (sec 253) Ø Petition for appeal, review, revision shall accompanied by certified copy of order under challenge (sec 254)

APPEAL: Ø Appellate authority – admit, calling record & hearing appellant reject. If admitted notice to respondent & after hearing parties confirm, modify, reverse the order, also can direct to take additional evidence, further investigation & accordingly remand the case Ø Revenue officer passing order before expiry of appeal period may direct to stay execution of order provided no appeal has been filed (sec 256(1)) Ø Appellate, review or revisional authority may direct to stay execution of order (sec 256(2)(3)) Ø Appellate, review or revisional authority may set aside or modify direction made under sec 256(1) (sec 256(4))

REVISION: - Ø Legality, propriety of any decision & regularity of proceedings of any subordinate revenue officer may be examined by state govt. or officer not below the rank of Deputy collector (sec 257(1)) Ø Party concerned notice Ø Tahsildar, naib tahsildar can –neither formal or summary inquiry has been held (sec 257(2)) Ø If revisional authority is of the opinion that decision of the proceeding so called should be modified, reversed or annulled may pass order after hearing interested parties. (Dy. Collector shall not himself pass the order but to submit the record along with his remarks in case where formal enquiry was conducted. ) • Limitation ? (CIVIL APPEAL NO. 6017 OF 2009 , Santoshkumar Shivgonda Patil & Ors. Vs. Balasaheb Tukaram Shevale & Ors. 2 September 2009) • Bombay High Court Sambappa S/O Babappa Teli vs The State Of Maharashtra, on 17 December, 2002

REVIEW: Ø Officer suo moto or on application of interested party review any order passed by himself or predecessor on following ground i) discovery of new & important matter or evidence ii) mistake or error apparent on the face of record iii) any other sufficient reason Ø Other than clerical mistake with prior sanction of immediate superior Ø Order after hearing interested parties Ø If appeal or revision is pending no review Ø If rights between private parties- application is must & should be within 90 days Ø Order dealt in appeal or revision shall not be reviewed by officer subordinate to appellate or revisional authority Ø Order passed in review shall not be reviewed

Sr No APPEAL REVISION REVIEW 1 SEC 247 SEC 258 2 Can be filed even In case of legality, In case of clerical mistake, if no merit propriety, regularity new evidence, mistake of proceeding apparent on the face of record 3 Party can file On application or sue-moto 4 Is with higher authority Higher authority after calling record 5 Appeal can be filed against order varying decision in review or revision (249) No appeal if revision No appeal if review application is rejected (252) Officer who has given decision himself reviews

Sr No APPEAL REVISION REVIEW 6 Time barred appeal can be rejected without calling record (255) Without case papers Review can be done after can’t be decided looking into original order whether to do revision or not 7 Hearing must 8 No permission of superior is required Hearing must Except clerical mistake permission of superior is required

EXCERPTS FROM BOMBAY HIGH COURT JUDGMENT ON WRIT PETITION NO. 4101 OF 2007 • Memo of appeal / revision/ review/ application shall specifically mention under which enactment and/or under what provisions of law it is filed • The appellant/ applicant shall give a synopsis of concise dates and events • within a period stipulated under the law /it should only be entertained along with application for condonation of delay. • if filed in person, establish his identity by necessary documents or file proceedings through authorised agent

• The application shall be accompanied by sufficient copies for every opponents/ respondents • For issuance of summons to the opponents/ respondents, court fees/ postal stamps of sufficient amount shall be affixed • For obtaining an interim relief like stay, injunction/ other interim order or direction or status-quo etc, a specific case of urgency should be made out in the application, which the authority may entertain subject to the brief reasons recorded • The competent authority shall communicate the next date of hearing to all the parties along with time and place and shall, as far as possible, adhere to the said date and time of hearing.

• Reasonable sufficient time be provided between the date of receipt of notice and the actual date of hearing • The authority hearing quasi-judicial matters shall duly fix a date, time and venue for such hearing. Such authority shall refrain from interacting with third party during the course of hearing either in person or on phone and shall not do any act which would tend to affect or prejudice fair hearing. • A speaking order shall be passed by the authority hearing the matter as early as possible after the hearing is concluded and, as far as possible, within a period of four to eight weeks from the conclusion of the hearing, on the basis of the record before it as well as the submissions made at the hearing. The order must contain reasons in support of the order.

• The authority shall not receive information or documents after the hearing is concluded and/or shall not pass the speaking order on the basis of such documents and/or information unless such material is brought to the notice of the parties to the proceedings following rules of natural justice. • The order passed by the quasi-judicial authority on the hearing shall be forthwith communicated to all the parties by Registered A. D • No application or request or prayer from the political worker, Member of Legislative Assembly, Member of Parliament or third party shall be entertained in the quasi -judicial proceedings unless such person is a party respondent or intervenor in the proceedings. • Record of hearing shall be meticulously maintained in a separate Roznama

Lokmanya Nagar Priyadarshini v. State of Maharashtra, 2007 (1) Bom. C. R. 929 (a) While considering the stay application, the authority concerned should at least briefly set out case of the applicant/ appellant, as the case may be. (b) While granting the ex parte order, it should be granted for a shorted duration with short notice to the opponent(s). (c) If ex parte stay is to be granted, then the authority passing the order should specify the reasons in short for grant of ex parte order. (d) The Authority passing the order should, (i) record its findings as to whether or not a prima facie case is made out with short reasons in support of the finding; (ii) record its finding as to in whose favour balance of convenience lies, and (iii) record its finding whether non-grant of interim relief would cause any prejudice to the person seeking interim relief. (e) The ingredients at (d) (i) to (iii) should be discussed and positive finding should be recorded while granting or refusing to grant interim relief. ”

THANKS!!