S.L. Kapoor v. Jagmohan (AIR 1981 SC 136)

The Delhi Administration superseded the New Delhi Municipal Committee (NDMC) under Section 238(1) of the Punjab Municipal Act, 1911. The Committee challenged the action.

The Supreme Court held that the order was invalid because NDMC was not given a real chance to reply. The Court said: even if facts look obvious, basic natural justice cannot be skipped.

• Opportunity: Was NDMC given a fair chance to answer the allegations before supersession?
• Natural Justice: Can authorities skip a hearing when facts appear undisputed and urgent?

• Administrative actions with serious effects must follow natural justice, at least a basic chance to reply.
• “Minimal natural justice” still means notice of possible action and a real chance to explain.
• Routine letters or reprimands are not a hearing unless they warn of likely adverse action and invite a response.

The Supreme Court set aside the supersession order. It held that the audi alteram partem rule applies. NDMC should have been told that adverse action was proposed and should have been invited to respond.

The Court stressed: absence of a hearing is itself prejudice; separate proof of prejudice is not needed.

• Natural justice cannot be excluded merely because the authority believes facts are obvious.
• Where civil consequences follow, at least a basic, timely, and meaningful chance to reply is mandatory.
• Notice and opportunity can be combined; but the person must know that action may be taken if allegations stand.

This case is a cornerstone for administrative fairness in India. It guides officials: even during urgency, minimal hearing protects public bodies and public trust.

1. Denial of hearing = prejudice; no extra proof needed.
2. Minimal natural justice requires clear notice + real chance to reply.
3. Letters without warning of action are not a hearing.
4. Civil consequences demand fairness, even if facts look obvious.

Mnemonic: KAPOOR = Keep A Proper Opportunity Of Reply

1. Warn: Tell that action may follow.
2. Explain: Share grounds clearly.
3. Hear: Invite a timely, meaningful reply.

Audi Alteram Partem

Hear the other side; the right to a fair chance to reply.

Civil Consequences

Effects on rights, status, or responsibilities—triggering fair hearing.

Supersession

Removal/suspension of a public body from office by government order.