State of Orissa v. Dr. (Miss) Binapani Dei

Facts

• Dr. Binapani Dei was a government medical officer
• Government determined that her date of birth was different from what she claimed (making her older)
• Based on "corrected" age, government retired her compulsorily
• No notice was given to her before changing her recorded date of birth
• No opportunity was given to produce evidence supporting her claimed date of birth

Issue

1. Whether a government servant can be compulsorily retired based on a unilateral alteration of date of birth without affording opportunity to contest the change?

Held

• Before making any order prejudicial to a person, they must be informed of the material on which the authority proposes to act
• Opportunity must be given to rebut adverse material
• Administrative authorities cannot change recorded facts (date of birth) and base adverse orders on that change without hearing the affected person
• Natural justice applies even to apparently routine administrative determinations when they lead to adverse consequences
• Order of compulsory retirement quashed for violation of audi alteram partem

Ratio Decidendi

Whenever administrative action will adversely affect a person, even through seemingly procedural/ministerial changes (date of birth correction), the person must be heard if the change leads to material prejudice. The right to hearing is triggered not by the label of the action but by its consequence on the individual.