STATE OF BIHAR versus LAL KRISHNA ADVANI AND ORS.

STATE OF BIHAR versus LAL KRISHNA ADVANI AND ORS.

Impinging remarks adversely affecting reputation made without notice or hearing violate Section 8B of the Commission of Inquiry Act and natural justice; affected persons need not wait for further action before seeking deletion of such remarks.

Parties
Appellant: State of Bihar; Respondent: Lal Krishna Advani
Jurisdiction
India
Judgment Date
16 September 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Order
Outcome
Appeals dismissed
Legal Topics
Natural Justice, Commission of Inquiry, Right to Reputation
Administrative Law Constitutional Law Natural Justice Commission of Inquiry Right to Reputation

Case Brief

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Parties

State of Bihar

Appellant

Lal Krishna Advani

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether impinging remarks in a Commission of Inquiry report made without notice violate Section 8B of the Commission of Inquiry Act and principles of natural justice
  2. 2 Whether a person must wait for government action on a report before approaching the court to expunge prejudicial remarks

Ratio Decidendi

Impinging remarks adversely affecting reputation made without notice or hearing violate Section 8B of the Commission of Inquiry Act and natural justice; affected persons need not wait for further action before seeking deletion of such remarks.

Court Disposition

Appeals dismissed

Orders

  • Impugned judgment of the High Court upheld, remarks in Commission report affecting respondent's reputation to be made inoperative and no action to be taken based on them.
  • No order as to costs.