QUASI-JUDICIAL METHOD/

PROCESS

Presented By:
Wagh Jitendra
Dy. Collector & Asst. Prof,
YASHADA, PUNE
 WHAT IS QUASI JUDICIAL PROCESS?

 quasi-judicial proceedings are similar to but

not exactly court proceedings.
 authorities are not routinely responsible for
holding such proceedings and often may have
other duties
 WHAT IS QUASI JUDICIAL PROCESS?

 an administrative function is called ‘quasi-

judicial’ when there is an obligation to assume
a judicial approach and to comply with the
basic requirements of Natural Justice
 quasi-judicial  referring to the actions of an
agency, boards or other government entity in
which there are hearings, orders, judgments
or other activities similar to those conducted
by courts. …..(Glossary Of Legal
Terms)
A quasi-judicial function x purely judicial function
(a) A quasi-judicial authority has some of the trappings of a court,
but not all of them; nevertheless there is an obligation to act
judicially.
(b) A dispute between two parties is an essential characteristic of
a judicial function, but this may not be true of a quasi-judicial
function.
(c) A court is bound by the rules of evidence and procedure while a
quasi-judicial authority is not.
(d) While a court is bound by precedents, a quasi-judicial authority
is not.
(e) A court cannot be a judge in its own cause (except in contempt
cases), while an administrative authority vested with quasi-judicial
powers may be a party to the controversy but can still decide it.
 FUNCTIONAL SKILLS NEEDED
 The quasi-judicial function is a challenge to everyone who
occupies office
 To be able to respond to such a noble assignment of
dispensing justice efficiently and impartially, a trial court,
has to improve his knowledge and skills on :
- the concept and concerns of a fair trial and its
operational parameters.
-the concept of a fair Court, a pro-active & firm
executive and administrator.
-the methods of fact-finding in quasi-judicial Proceedings.
-the art of judgment-order-award writing
- the science of value determination and damages
calculation.
 Management of Quasi-judicial Court
 management of court proceedings in a fair,
dignified, orderly manner.
 management of case flow, information,
accounting records, staff, media, etc.
 updating knowledge of human rights
jurisprudence, right to information, consumer
protection and emerging areas of litigation
brought about by technological changes.
 improving professional skills and ethics.
 changing social order and democratic
governance under rule of law.
 Qualities of a Quasi-judicial Officer
(1) Graciousness : A trial court should cultivate:
a) the ability to be gracious and to listen attentively to the
parties and their cases.
b) A good hearing is soothing to the soul.
c) So the Revenue Officer should make point to show
interest in every case, no matter how unimportant it seems
to be.
(2) Moral Courage
a) A Officer should not expect to be cheaply popular.
b) Officer should develop the courage to do justice whatever
the consequences
(3) Reputation for Fairness
a) This is something one can develop only by actually
being fair and giving such an impression to the people
concerned.

b) How a Officer conducts his or her private life as

well as the his/her manner in the courtroom can give
the appearance of unfairness even in case of a Revenue
Officer who is, in fact, fair.
 CIVIL CASE CYCLE
CIVIL SUIT CIVIL APPEAL
• Appearance (PF / Service Of • Appearance
Summons) • Ex.partee order (if respondent
• Ex- partee order (if respondent absent)
absent) • Awaiting Record and Proceeding
• Written Statement/Say • Written Statement/Say
• No W.S./No Say Order (if WS/Say • No W.S./No Say Order (if WS/Say not
not filed by respondent) filed by respondent)
• Hearing T.I.Application • Hearing on Exh 5 (T.I.Application)
• List of Documents • Order on Exh 5
• Issues • Paper Book
• List of Witness • Hearing
• Evidence • Judgment
• Argument
• Judgment
 PRINCIPLES OF NATURAL JUSTICE
• Natural justice implies fairness, equity and equality.
• The principles of natural justice are firmly grounded in
Article 14 & 21 of the Indian constitution
• Nemo judex in causa sua - No one should be made a
judge in his own cause or the rule against bias. (impartial
& application of mind objectively)
(personal /pecuniary/ subject-matter/departmental
bias/ pre-conceived notion bias )
• Audi alteram partem - Hear the other party or the rule
of fair hearing or the rule that no one should be
condemned unheard.
• One who hears should decide
 FAIR TRIAL
• Principle of Equality before law
• Sec 14 of Indian constitution
The State shall not deny to any person equality before
the law or the equal protection of the laws within the
territory of India Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth

• Definition of fair trial :

a trial that is conducted fairly, justly, and with
procedural regularity by an impartial judge and in which
the defendant is afforded his or her rights under the
Constitution or the appropriate state constitution or
other law
Requirements of fair trial

There must be real and effective access to a

court (this may require access to legal aid.)

There must be a hearing before an independent

and impartial court or tribunal established by law
(including unbiased jurors).

The hearing must be held within a reasonable

time.(complexity/ its importance/ the behaviour of
the applicant and competent authorities)
Requirements of fair trial

The applicant must have a real opportunity to

present his or her case or challenge the case
against them. This will require access to an
opponent’s submissions, procedural equality and
generally requires access to evidence relied on by
the other party and an oral hearing.

The court of tribunal must give reasons for its

judgment.
There must be equality of arms between the
parties.
The hearing and judgment must be made public
 PROCEDURE OF REVENUE OFFICER

 Sec 224 : subordination of revenue officer

revenue officer shall be subject to direction & control
of officer to whom he is subordinate
 Sec 225 : power to transfer case
state govt. may transfer from one revenue officer to
another revenue officer of equal or superior rank in
same or other district
 Sec 226:power to transfer cases to & from
subordinates
case/ class of case transferred to or from (to other
officer or himself) subordinate
 Sec 227 : power to summon persons to give evidence &
produce documents
i) not below the rank of AK has power
ii) person summon shall bound to attend in person or through
authorized agent
iii) person bound to state truth
 Sec 228 : summons to be in writing, signed, & sealed;
service of summons
i) summon in writing, duplicate, signed by officer issuing & bear
his seal
ii) service by tendering copy to a person summoned, affixing to
conspicuous part of his usual residence
iii) other district by post to collector- shall cause to serve as
per sub section (ii)
 Sec 229: compelling attendence of witness
fails- bailable warrant, order for furnishing security, impose
fine up to Rs 50
 Sec 230: mode of serving notice
tendering copy, sending copy by post to person or
authorized agent, affixing at last known place or
residence or at public place in the village in which land
is situated
 Sec 231 : procedure for producing attendance of
witnesses
cpc procedure (order XVI)
 Sec 232: hearing in absence of party
i) summons not served for want of PF – dismiss in
default
ii) party not appearing – case be heard in his absence
& decided or dismissed in default
iii) application for set aside- decision
iv) appeal can be filed against order on set aside
application
 Sec 233: adjournment of hearing
reason to be recorded & may adjourn – time & place of
adjourned hearing be intimated to parties & witness
 Sec 234 : mode of taking evidence in formal inquiries
i) Marathi, full ,in writing, by or in the presence of officer,
signed by him, read out to witness & his signature
ii) if not taken in full make memorandum of the depose of the
witness with his own hand & should be signed by the officer
iii) English – be taken by officer & authenticated translation be
part of the record
 Sec 236: summary inquiries how to be conducted
officer himself record the minutes of the proceeding in his own
hand, material averments by parties, material part of evidence,
decision & reason for same
any inquiry directed by code to be summary inquiry =
any or all rules applicable to formal inquiry can be
applied (124, 145 etc.)
 Sec 237: formal & summary inquiries to be deemed
to be judicial proceedings
as per section 193, 219,228 of IPC & office be
deemed to be civil court
hearing & decision be in public & parties/ agents have
notice to attend
 Sec 238 : ordinary inquiries how to be conducted
not prescribed by act as formal or summary but for
execution for his lawful duties
procedure as per rule prescribed so as to ascertain
facts & furtherance of public good
 Sec 239: copies & translations etc. how to be
obtained
be made available on application subject to charges
for copying, searches, inspection
 Sec 240: arrest of defaulter to be made upon
warrant
 Sec 241 : power to enter upon & survey land
building, enclosed court or garden attached to
dwelling house- 24 hour notice & social , religious
sentiments paid regard to
 Sec 242: collector how to proceed in order to
evict any person wrongfully in possession of land
notice- if not obeyed removing- if obstructed
summary inquiry & if satisfied issue warrant for
arrest of such person
 Sec 243: power to give & apportion cost
 Sec 244: persons by whom appearances &
applications may be made before & to revenue or
survey officer
 APPEAL, REVISION & REVIEW
APPEAL:-
 Appeal on decision of revenue officer or survey
officer to lie as specified in schedule E (subdivision-
SDO/Dy collector, SDO- collector/ dy collector,
collector/ dy collector - commissioner) (sec 247(1))
 Maximum Two Appeals
 Same officer – transferred as per code (sec 247(2))
 Commissioner/ SC & DLR- Govt. (sec 248)
 Order varying any order in review is appealable as an
original decision (sec 249(1))
 Order varying any order in revision is appealable as if
it were order passed by revisional authority in appeal
(sec 249(1))
APPEAL:-
 If order passed by officer inferior to collector/ SLR-
appeal period is 60 days else 90 days, (from day on
which decision is received by appellant, period required
for obtaining copy be excluded )(sec 249)
 Admission of appeal after period of limitation (sec251)
 No appeal against
i) order of admitting an appeal or review under sec 251
ii) rejecting an application for revision / review
iii) granting/ rejecting an application for stay (sec 252)
 If last day of period provided for appeal falls to be a
Sunday or holiday, the day following holiday shall be
last day (sec 253)
 Petition for appeal, review, revision shall accompanied
by certified copy of order under challenge (sec 254)
APPEAL:-
 Appellate authority – admit, calling record & hearing
appellant reject. If admitted notice to respondent &
after hearing parties confirm, modify, reverse the
order, also can direct to take additional evidence,
further investigation & accordingly remand the case
 Revenue officer passing order before expiry of appeal
period may direct to stay execution of order provided
no appeal has been filed (sec 256(1))
 Appellate, review or revisional authority may direct to
stay execution of order (sec 256(2)(3))
 Appellate, review or revisional authority may set aside
or modify direction made under sec 256(1) (sec 256(4))
REVISION:-
 Legality, propriety of any decision & regularity of proceedings
of any subordinate revenue officer may be examined by state
govt. or officer not below the rank of Deputy collector (sec
257(1))
 Party concerned notice
 Tahsildar, naib tahsildar can –neither formal or summary inquiry
has been held (sec 257(2))
 If revisional authority is of the opinion that decision of the
proceeding so called should be modified, reversed or annulled -
may pass order after hearing interested parties. (Dy. Collector
shall not himself pass the order but to submit the record along
with his remarks in case where formal enquiry was conducted.)
• Limitation ? (CIVIL APPEAL NO.6017 OF 2009 ,Santoshkumar
Shivgonda Patil & Ors. Vs. Balasaheb Tukaram Shevale & Ors. 2
September 2009)
• Bombay High Court Sambappa S/O Babappa Teli vs The State
Of Maharashtra, on 17 December, 2002
REVIEW:-
 Officer suo moto or on application of interested party review any
order passed by himself or predecessor on following ground
i) discovery of new & important matter or evidence
ii) mistake or error apparent on the face of record
iii) any other sufficient reason
 Other than clerical mistake with prior sanction of immediate
superior
 Order after hearing interested parties
 If appeal or revision is pending no review
 If rights between private parties- application is must & should be
within 90 days
 Order dealt in appeal or revision shall not be reviewed by officer
subordinate to appellate or revisional authority
 Order passed in review shall not be reviewed
Sr APPEAL REVISION REVIEW
No
1 SEC 247 SEC 257 SEC 258
2 Can be filed even In case of legality, In case of clerical mistake,
if no merit propriety, regularity new evidence, mistake
of proceeding apparent on the face of
record
3 Party can file On application or On application or sue-moto
sue-moto
4 Is with higher Higher authority Officer who has given
authority after calling record decision himself reviews
5 Appeal can be No appeal if revision No appeal if review
filed against application is application is rejected
order varying rejected (252) (252)
decision in
review or
revision (249)
Sr APPEAL REVISION REVIEW
No

6 Time barred Without case papers Review can be done after

appeal can be can’t be decided looking into original order
rejected without whether to do
calling record revision or not
(255)

7 Hearing must Hearing must Hearing must

8 No permission of permission of Except clerical mistake

superior is superior is required permission of superior is
required required
EXCERPTS FROM BOMBAY HIGH COURT JUDGMENT
ON WRIT PETITION NO. 4101 OF 2007

• Memo of appeal / revision/ review/ application shall

specifically mention under which enactment and/or
under what provisions of law it is filed
• The appellant/ applicant shall give a synopsis of
concise dates and events
• within a period stipulated under the law /it should
only be entertained along with application for
condonation of delay.
• if filed in person, establish his identity by necessary
documents or file proceedings through authorised
agent
• The application shall be accompanied by sufficient
copies for every opponents/ respondents
• For issuance of summons to the opponents/
respondents, court fees/ postal stamps of sufficient
amount shall be affixed
• For obtaining an interim relief like stay, injunction/
other interim order or direction or status-quo etc, a
specific case of urgency should be made out in the
application, which the authority may entertain
subject to the brief reasons recorded
• The competent authority shall communicate the next
date of hearing to all the parties along with time and
place and shall, as far as possible, adhere to the said
date and time of hearing.
• Reasonable sufficient time be provided between the
date of receipt of notice and the actual date of
hearing
• The authority hearing quasi-judicial matters shall
duly fix a date, time and venue for such hearing. Such
authority shall refrain from interacting with third
party during the course of hearing either in person or
on phone and shall not do any act which would tend to
affect or prejudice fair hearing.
• A speaking order shall be passed by the authority
hearing the matter as early as possible after the
hearing is concluded and, as far as possible, within a
period of four to eight weeks from the conclusion of
the hearing, on the basis of the record before it as
well as the submissions made at the hearing. The
order must contain reasons in support of the order.
• The authority shall not receive information or documents
after the hearing is concluded and/or shall not pass the
speaking order on the basis of such documents and/or
information unless such material is brought to the notice
of the parties to the proceedings following rules of
natural justice.
• The order passed by the quasi-judicial authority on the
hearing shall be forthwith communicated to all the
parties by Registered A.D
• No application or request or prayer from the political
worker, Member of Legislative Assembly, Member of
Parliament or third party shall be entertained in the
quasi-judicial proceedings unless such person is a party
respondent or intervenor in the proceedings.
• Record of hearing shall be meticulously maintained in a
separate Roznama
Lokmanya Nagar Priyadarshini v. State of Maharashtra, 2007 (1)
Bom.C.R. 929
(a) While considering the stay application, the authority concerned should at least
briefly set out case of the applicant/ appellant, as the case may be.
(b) While granting the ex parte order, it should be granted for a shorted duration
with short notice to the opponent(s).
(c) If ex parte stay is to be granted, then the authority passing the order should
specify the reasons in short for grant of ex parte order.
(d) The Authority passing the order should,
(i) record its findings as to whether or not a prima facie case is made out with short
reasons in support of the finding;
(ii) record its finding as to in whose favour balance of convenience lies, and
(iii) record its finding whether non-grant of interim relief would cause any prejudice
to the person seeking interim relief.
(e) The ingredients at (d) (i) to (iii) should be discussed and positive finding should
be recorded while granting or refusing to grant interim relief.”