Law: University of Sind Employees (Efficiency and Discipline) University Ordinances, 1961

Section: 14

University of Sind Employees (Efficiency and Discipline) University Ordinances, 1961------S. 14 -Chancellor hearing appeal from order of penalty imposed by subordinate Authority Not bound to hear appellant in person-Maxim: audi alteram             partem             (no       one      shall    be        condemned unheard)-Principle does not require affording of personal hearing if person affected has otherwise had enough opportunity to show cause.   The maxim "no man shall be condemned unheard" no doubt is not confined to Courts but extends to all proceedings by whomsoever held which may affect the person or property or other right of the party concerned in the dispute, yet, in cases where the appellate authority is the Governor of a Province or the President of the country who by virtue of their office are immune from processes of law in the discharge of their duties, appeals made to them by Government servants or members of Statutory Bodies, who are controlled by their own rules and regulations determining the conditions of their service, cannot require that the appellant be heard in person.   A personal hearing before deciding a matter is not a necessary requirement of the principle of natural justice. All that is necessary is a full and fair' opportunity of making a representation or showing cause. What is a full and fair opportunity depends upon the facts of each case. In some cases it may be enough if a party has placed his point of view and has shown cause for the consideration of the authority, and no prejudice is shown to have been caused.   Where a Statute grants a right of appeal it is presumed to have granted a right of appeal it is presumed to have granted a right of being heard also was clearly intended to apply to cases of a judicial or quasi judicial nature and could not have been intended to apply to departmental or administrative cases which have from time immemorial been governed by rules different from those obtaining in…