CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
An officer hears a licensee fully but his superior, who never attended the hearing, writes and signs the cancellation order. The best-supported objection under natural justice is that:
The objection is that the person who decides must be the person who hears. The superior signed the cancellation without attending the hearing, so the decision-maker did not hear the licensee. This breaches the fair hearing requirement, and the order can be quashed.
- AThe person who decides must be the one who hearsCorrect
- BThe licensee was not allowed legal representation by default
- CThe order was not published in the Gazette
- DThe hearing should have been held in public
Explanation
The principle that he who decides must hear means the authority passing the order must have heard the party. Here a different person decided without hearing. Legal representation is not an automatic right, Gazette publication is not a natural justice requirement, and administrative hearings need not be public.
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