CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
Under the rule of audi alteram partem, which step is ordinarily essential before an authority passes an adverse order against a person?
Before passing an adverse order, the authority must give the person notice of the case against him and a reasonable opportunity to present a defence. A full court-style trial with cross-examination is not required in every case, since the extent of hearing depends on circumstances.
- AGranting an oral hearing in a court-like trial with cross-examination in every case
- BGiving notice of the case to be met and a reasonable opportunity to present a defenceCorrect
- CAllowing the person to nominate a member of the deciding body
- DObtaining prior approval from the High Court
Explanation
Fair hearing requires notice of the allegations and a reasonable opportunity to respond. Courts do not insist on a full trial with cross-examination in every case, as the extent depends on the statute and circumstances. Nominating a decision-maker or High Court approval is not required.
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