According to this rule, both sides to a case should be heard before passing the order. It also requires that both parties should be heard before passing the order. It also requires that both parties should be given sufficient opportunity to present their respective cases.
It is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. It includes the rights of a party or his lawyers to confront the witness against him, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own willingness and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case property.
This implies that both the parties should be informed as to the charges against him and should be given to submit his explanations there to. The rule involves the following:-
- Each party has a right to receive notice of all actions taken by the other party.
- Both parties have to be given full opportunity to present their side of the case which includes presentation of the evidence too both oral and written.
- Both the parties must be given opportunity to counter the evidence produced against him which can be done by - cross examination and legal representation.
If the order is passed by the authority without providing the reasonable opportunity of being heard to the person affected by it adversary will be invalid and must be set aside as in the cases of Harbans Lal v. Commissioner, National Central Co-operative Bank v. Ajay Kumar and Fateh Singh v. State of Rajasthan.
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