Post decisional hearing is a hearing which takes place after a provisional decision is reached. This principle was laid down in Maneka Gandhi v. Union of India. There is a nexus between pre-decisional and post-decisional hearing. The logic behind introducing the post- decisional hearing is to increase and maintain administrative fairness.
Post decisional hearing takes place where it may not be feasible to hold pre decisional hearing. One better example is, the power to impound the passport may be frustrated if a prior notice or hearing has given to the concerned person whose passport is going to be impounded because he can leave the country, therefore, passport authorities first impound the passport of that person without any hearing and later provide him opportunity of hearing. This was the scenario of Maneka Gandhi v. Union of India in which J. Chandrachud held that the action of impounding passport without giving her pre decisional hearing was bad. It was an exceptional site because government was not justified in its act of impounding passport. Later on, the concept was made justified in such cases.
The rule of Audi Alteram Partem is excluded from the purview of post decisional hearing or I can say that it is an exception of post decisional hearing but as soon as order is made, a fair opportunity of being heard should be provided to the person in order to follow the above said rule. This post decisional hearing cannot be treated as substitute of pre decisional hearing, the reason being that for the aggrieved person, pre decisional hearing affords such better safeguards.
It depends upon facts and circumstances of the case and there have been many instances where court have permitted a post decisional hearing as pre decisional hearing did not appear to be feasible, and where courts have refused to accept post decisional hearing where pre decisional hearing could have been given.
A post decisional hearing is less effective than a pre decisional hearing and it has pointed out by the court itself that once a decision has been taken by an authority, its natural tendency would be to support the same or not obviate from former order and representation against it may not really prove any fruitful result. Post decisional hearing is not adequate in dismissal case where the consequence to the concerned person is very serious.
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