The J&K & Ladakh High Court quashed a CAT order imposing ₹10,000 in costs on Senior Advocate Jahangir Iqbal Ganai for no uniform and alleged disrespectful remarks, citing violation of natural justice.
J&K HC Quashes CAT Order Imposing ₹10,000 Cost on Senior Advocate
The Jammu & Kashmir and Ladakh High Court set aside a Central Administrative Tribunal (CAT) order that imposed ₹10,000 in costs on Senior Advocate Jahangir Iqbal Ganai for appearing without prescribed court attire during virtual proceedings and for allegedly making derogatory remarks about the tribunal. A Division Bench of Justice Sanjeev Kumar and Justice MA Chowdhary ruled the order was passed in breach of natural justice.
The High Court observed that the advocate was not granted an opportunity to be heard before the punitive costs were imposed—violating the principle of audi alteram partem. The Bench emphasized that even disciplinary actions must be preceded by due process. “A tribunal cannot assume a summary penal role without affording a hearing or recording evidence of misconduct,” the court noted.
The decision affirms procedural safeguards for legal professionals even in disciplinary contexts before tribunals. For practitioners, this is a significant precedent highlighting that tribunal rulings imposing penalties for professional conduct must strictly adhere to principles of natural justice. It may also prompt reconsideration of similar punitive orders issued ex parte across quasi-judicial bodies.
Citations
- Jahangir Iqbal Ganai v. Mohd Amin Dar and Others, J&K HC Writ Petition
