Law:

Section:

(a) Appeal-Right of-Implies, opportunity of hearing being granted to appellant, or to respondent if decision is to be against him, even ij statutory provision is lacking in regard to such opportunity-Omission to hear, against natural justice-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958, Ss. 19, 34-Decision of appeal by Additional Settlement Com missioner without hearing appellant-Quashed by writ of certiorari Constitution of Pakistan (1956), Art. 170.   The right of appeal is a statutory right given to the person concerned who is aggrieved by an order specified in the statute and, the right implies that the appellant is entitled to be heard before his appeal is dismissed. In case the appellate authority is inclined to accept the appeal, then also, it is the statutory right of the respondent, that he should be heard.   This is so even if the statute does not expressly provide that the appellant shall have the right of being beard.   Apart from the above implication, omission to hear is in violation of one of the principles of natural justice enshrined in the maxim "audi alteram partem" ("no man shall be condemned unheard"). A judicial officer and a quasi-judicial officer are expected to decide matters with the sense of responsibility of a Tribunal and in doing so they must act in accordance with the rules of natural justice.   A decision taken in the exercise of jurisdiction without complying with this principle is no decision at all and is illegal and void.   Where an Additional Settlement Commissioner had dismissed an appeal [vide Sections 19 and 34, displaced Persons (Compensation and Rehabilitation) Act, 1958] without hearing the appellant, the order of dismissal was quashed by a writ of certiorari.   Chief Commissioner, Karachi v. Mrs. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45 rel.     Writ-Other remedy open-Writ of certiorari may neverthe less issue if decision is impugned on face of it, an abuse or excess of jurisdiction-Constitution of Pakistan (1956), Art. 170-[Chand Miah and another v. Income-tax and Sales-tax Officer II, Narayan ganj Circle and another P L D 1960…