...cancelled. He was directed to be repatriated. Despite arriving at such a finding, a post-decisional hearing was sought to be afforded to the appellant.14. A post-decisional ...not called for as the disciplinary authority had already made up its mind before giving an opportunity of hearing. Such a post-decisional hearing in a case of this nature is not contemplated...hereinbefore had not been given adequate opportunity of hearing inasmuch as: (i) the hearing was sought to be given was a post-decisional one, which is bad in law; (ii) a copy of the complaint was not...

...cause notice in emergent situation has been upheld in the aforesaid judgment. However, it has been held in the said judgment that post decisional hearing should be granted. In these circumstances, the...petitioner is entitled to post decisional hearing by the respondent authorities.HON'BLE MR. JUSTICE SANJIV KHANNA3. The writ petition is accordingly disposed of directing...the respondent authority to give post decisional hearing to the petitioner within a period of 15 days. Speaking order dealing with the contentions of the petitioner will be passed within two weeks...

...-decisional hearing. The question before me is whether a post-decisional hearing in a matter regarding cancellation of a gun licence would be valid.2. In a 5 Judge Full Bench decision of thi...Court, Kashi Nath v. State,1 it has been held that such a post decisional hearing would be valid.3. The 5 Judge Full Bench in that case was considering the correction of an earlier 3....6. No doubt, in Menaka Gandhi v. Union,4 the Supreme Court permitted a post-decisional hearing, but that was in very exceptional circumstances. In that case it was held that a passport...

...our opinion, the post-decisional opportunity of hearing does not subserve the rules of natural justice. The authority who embarks upon a post-decisional hearing will naturally proceed with a close...vacated by the Division Bench. For the reasons we have indicated, there is no justification to think of a post-decisional hearing. On the other hand the normal rule should apply. It was also contended on...mind and there is hardly any chance of getting a proper consideration of the representation at such a post-decisional opportunity. In this connection, we may refer to a recent decision of this Court in...

...appearing for the Petitioner after arguing for some time on instructions of the Attorneys representing the Petitioner makes a statement that the Petitioner is willing to go for a post decisional hearing before...under Section 152 would grant the Petitioner a post decisional hearing in respect of the issue as regards the registration of the Respondent No. 2 Society. Needless to state that in the post decisional ...and pass the order within eight weeks. Till the Appellate Authority renders a decision in the post decisional hearing, the Learned Senior Counsel appearing for the Respondents No. 1 and 2 states that...

...the parties a post-decisional opportunity of hearing without striking down the impugned order.4. At this stage it will be helpful to refer to the following cases. In...: AIR 1989 SC 568, a two-judge Bench of the Supreme Court has held that post-decisional opportunity of hearing does not subserve the rules of natural justice f...been taken, there is a tendency to uphold it and a representation may not really yeild any fruitful purpose, and, therefore, any post-decisional hearing would not be any compliance with the rules of...

.... Sales Tax, Bureau of Investigation, Unit-II), an ex parte order of de-selection has to be regarded as permissible. However, it is evident from such order that a post-decisional hearing should be given...parte order of de-selection, subject to the de-selected dealer being given a post-decisional hearing.3. Such post-decisional hearing should, ordinarily, be offered by the order of d...-selection and should be scheduled within 15 days of the order of de-selection.4. In the present case, the de-selection was made quite some time back and no post-decisional hearing has...

...principle—as distinguished from an absolute rule of uniform application'seems to be that where a statute does not, in terms, exclude this rule of prior hearing but contemplates a post-decisional hearing amounting...the proposition canvassed by learned counsel for the Revenue that since a post-decisional hearing in terms of sub-section (3) of Section 142 is contemplated, the requirement of natural justice is...fully met. Apart from the fact that ordinarily a post-decisional hearing is no substitute for pre-decisional hearing, even from the language of the said provision it is plain that the opportunity of...

...to provide a post-decisional opportunity instead of a pre-decisional hearing. (There may indeed be exceptional situations where the principles of natural justice may have to be dispensed with, but...they are an exception.) It is up to the competent authority to decide whether in the given circumstances the opportunity to be provided should be a prior one or a post-decisional opportunity. Normal rule, of course, is prior opportu...respondent. It was also not brought to the notice of the Tribunal or the High Court that a post-decisional hearing was given to respondent. Mr Gaurab Banerjee sought to contend that in this case post...

..., J. dissented with the view and expressed that the expression ‘immediate action’ may in certain situations mean exclusion of the application of the rules of natural justice and a post-decisional hearing provided...by the statute itself may be a sufficient substitute. It is not necessary for our purposes to go into the vexed question whether a post-decisional hearing is a substitute of the denial of...consent of the parties, the instant petition is taken up for final hearing and is being disposed of as such. 3. It is not in dispute that the petitioner was imposed penalty of...

...offering a post-decisional hearing, whether the order under Section 76B of the Gujarat Co- operative Societies Act, 1961, otherwise passed without affording opportunity of...petitioners or without affording them any hearing. It appears however that subsequent to the passing of order, a notice dated 04th November, 2016 was issued seeking to give post-decisional hearing to...Institute of Chartered Accountants v. L.K. Ratna [(1986) 4 SCC 537] to submit that in the facts and circumstances of the case post-decisional hearing would not ...

...(audi alteram partem) it has been held that if appellate authority (it was a case of punishment of an employee) grants post decisional hearing then it may be sufficient compliance of requirement of...application for post decisional hearing and recall of the order before the court/authority which passed the ex-parte order. If such an application is filed then the court/authority concerned shall hear the...grant leave to the affected party to apply for post decisional hearing and recall of order before the trial court/authority. The, revisional/appellate authority may also decide the matter on merit...

...:“48. The Vice-Chancellor appears to have made up his mind to impose the punishment of dismissal on the respondent herein. A post-decisional hearing given by the High Court was illusory...:“You are also requested to attend hearing at above address at 11.00 a.m on 4-7-2005. I am enclosing herewith the photocopies of the bills raised by Aurangabad-Daman divisions to...court directs the statutory authority to hear the matter afresh, ordinarily such hearing would not yield any fruitful purpose. (See K.I...

...effect and until further orders, on the ground that no opportunity for personal hearing was granted before issue of the impugned order and that no post-decisional hearing was given...Customs House. As regards post-decisional hearing, we find that Regulation 21 does not incorporate such requirement, unlike Regulation 20(3) of the CHALR, 2004. Reliance placed by the learned counsel...for the CHA on the Larger Bench decision in Freightwings and Travels Ltd v. Commissioner of Customs, Mumbai [ (Tri.-LB)] directing post-decisional hearing subsequent to the suspension...

...-decisional hearing. On this basis, learned counsel for the petitioner prays that a post-decisional hearing should be granted.5. In the circumstances of the case this...writ petition is disposed of with the direction to respondent No. 2, Commissioner of Customs to grant a post-decisional hearing to the petitioner on the question of extension of time under Section 110(2...) on 3rd January, 2007 at 11.00 AM. The Commissioner of Customs shall thereafter pass a reasoned order consequent upon such post-decisional hearing.6. The writ petition...

...any opportunity of being heard. He further submits that after passing the impugned order, post decisional hearing was given to the appellant and after hearing the appellant, the suspension order dated....4. Heard.5. We note that the appellant was granted the post decisional hearing and after hearing the appellant, the Commissioner has confirmed the suspension of CHA licence...Ashok Jindal:— This appeal is filed by the CHA against the suspension of their CHA Licence No. 11/929 vide order No. 81/2008 dated 10/12/2008 alongwith application for early hearing...

... 1 the closed mind of the licensing authority and, as such, the usual remedy of a post-decisional hearing would be an exercise in futility...post-decisional hearing or in any possible appeal that the petitioner may prefer under Regulation 21 of the said Regulations of 2013. 2. The petitioner acted as the Customs broker...a post-decisional hearing on 22-04-2016 at 11.00 hrs." 6. Though the impugned order of April 5, 2016 afforded the petitioner a post- decisional hearing on April 22, ...

...Section 45(2) of the Act was passed by the Central Government the post-decisional hearing against the said order should be by the Central Government and that the consideration of the objections of the...petitioners by the Reserve Bank of India would not satisfy the object of a post-decisional hearing in respect of the order of moratorium passed by the Central Government.6...at a stage prior to the passing of an order under Section 45(2) but have held that the petitioners will have post-decisional opportunity at the stage of filing objections to the draft scheme framed...

...reduction in rank under clause (2) of Article 311 would have these remedies left to him. Virtually this is tantamount to a post-decisional hearing.24. There has been...expression “immediate action” may in certain situations mean exclusion of the application of the rules of natural justice and a post-decisional hearing provided by the statute iself may be a sufficient...substitute. It is not necessary for our purposes to go into the vexed question whether a post-decisional hearing is a substitute of the denial of a right of hearing at the initial stage or the observance...