HP HC sets aside order passed by chief secretary

Shimla: The Himachal Pradesh high court has reiterated the primacy of natural justice in quasi-judicial proceedings while setting aside an order passed by chief secretary Sanjay Gupta, underlining that no authority can act as a judge in its own cause. Disposing of a writ petition, Justice Jyotsna Rewal Dua observed that the principle of "nemo judex in causa sua" - no person should adjudicate their own case - was violated when the chief secretary, being the highest quasi-judicial authority, heard and dismissed a revision petition against an appellate order that he himself earlier passed. The court noted that such an exercise defeats the very purpose of appellate and revisional remedies.The bench also directed the state govt to design a structured legal training programme within four weeks, in collaboration with the Himachal Pradesh Judicial Academy, to sharpen the legal knowledge of quasi-judicial officers to strengthen adherence to foundational principles of natural justice. The matter arose under Sections 32 and 33 of the Himachal Pradesh Town and Country Planning Act, 1977. The petitioner challenged orders refusing regularisation of his four-storied hotel in tehsil Manali. After the appeal was dismissed by the chief secretary in November 2025, the petitioner filed a revision under Section 33. However, the same authority — chief secretary — adjudicated the revision and upheld his earlier decision in Jan 2026. The high court found this approach legally untenable, emphasising that justice must not only be done but must also be seen to be done. Citing Supreme Court precedents, the court underscored that bias — real or perceived — vitiates proceedings and renders decisions invalid. Quashing the impugned order dated January 15, 2026, the court directed that the revision petition be heard afresh by a competent authority in accordance with law. MSID: 130609317 413 |