Analysis of Administrative Law Cases
First of all, I have taken note of the point that after receiving a complaint from a member of the public, I don’t know if there was any intimation done from the Institute to you, but nevertheless, upon your application for renewal of your license, they refused on the ground of a complaint they received from a member of the public. I am assuming that you were given sufficient notice and if not, you ought to have been given so that you prepare against the allegations. But the main point which you need to take in mind is that you are entitled to prior notice before the hearing is done and before you appear for the same. (www.wikipedia.org)At the same time Paul, you need to understand that the adequate notice you are entitled to under the principles of natural justice ought to be accompanied by an explanation of the allegations which were leveled against you in the complaint, and at the same time notice about the procedure for the determination of the alleged misconduct should have been communicated to you to constitute sufficient notice.“According to Fortescue J, the first hearing was given in the Garden of Eden”. (J.J.Upadhaya, Administrative Law, Central Law Urgency, 4th edition.2001, pg151). His Lordship observed in King vs.Chancellor, University of Cambridge. “Even God himself did not pass sentence upon Adam before he was called upon to make his defense” “Adam,” says God “where art you? Has though not eaten of the fruits of the trees whereof I commanded thee that thou shouldn’t eat?”(ibid).In the above, the lord is trying to state that before any condemnation is made or a decision, which is going to adversely affect the alleged, a hearing must be given.After having been given a notice, if at all it was given to you Paul, the Institute’s disciplinary committee ought to have given you a hearing. As I mentioned above, you have the right to that hearing otherwise, this must have been unfair hearing simply because you were not given that right.