Administrative Law

State of Orissa v. Dr. Binapani Dei

AIR 1967 SC 1269

Facts

Dr. Binapani Dei was a government doctor in Orissa Medical Service.
Her recorded date of birth was 10 April 1910.
After anonymous complaints, the State changed her date of birth to 16 April 1907.
This made her retire much earlier than she otherwise would have.

Whether the Government could change her date of birth and retire her without giving a proper hearing.

Even an administrative order must follow natural justice if it causes civil consequences.
Civil consequences include loss of service, pay, status, or legal advantage.
The affected person must be told:
the case against them;
the evidence relied on;
the material discrepancies;
and must be given a chance to answer.

The State argued that refixing date of birth was only an administrative act.
The Court rejected the idea that administrative character alone removes natural justice.
The order seriously affected Dr. Binapani because it shortened her service and caused loss of pay/status.
Therefore, fairness was required.
The State had relied on multiple conflicting records:
school register showing 1906;
another record showing April 1907;
medical college record showing 1908;
her original service record showing 1910.
These discrepancies should have been placed before her.
Instead, the preliminary enquiry report by Dr. S. Mitra was not disclosed.
She was not given a proper chance to explain the conflicting documents or produce evidence.
The Court said such an enquiry was contrary to the basic concept of justice.
The Government could not decide against her using material that she had no fair chance to meet.

The Supreme Court dismissed the State’s appeal.
It upheld the High Court’s decision setting aside the order changing her date of birth.
The Court held that administrative orders involving civil consequences must follow natural justice.
Use this case for: the expansion of audi alteram partem from quasi-judicial decisions to administrative decisions affecting rights/status.