JUDGMENT By the Court—We respectfully adopt the facts of the case as set out by the Hon’ble Single Judge in the order dated 3rd of July, 2006, which is under appeal before us. However, we are unable to accede to his Lordship’s order that the writ petition should be dismissed and the appellant-writ petitioner should be relegated to a suit. 2. The impugned order in the writ petition was an order dated 24.3.2006 passed by the Registrar, whereby the membership of the respondent-Badam Singh to Arya Samaj was restored, and an inquiry report dated 8.3.2006 in favour of him was accepted. 3. In an earlier order of the Registrar dated 24.6.2005, which was passed pursuant to a direction given by Court, Badam Singh’s removal from the Arya Samaj was held as ‘valid’ and an inquiry was set afoot for inquiring into the allegations against him. 4. It appears that in the conduct of the inquiry, the Inquiry Officer has neither heard Badam Singh nor any of the complainants, who are mentioned by name in the order dated 24.6.2005. The list of complainants includes the appellants. It seems that the inquiry was conducted like somebody marking an examination answer-sheet in the privacy of his room. This is exactly what is not permitted in law, and the clear and age-old principle is that an inquiry or dispensation of justice, affecting parties’ rights is not a cloistered virtue; it has to be done in the open and parties affected should be aware of the basic steps taken in the inquiry. 5. The approved inquiry report dated 8.3.2006 is still in the dark; no party knows the contents of it. Even Badam Singh was not heard by the Inquiry Officer. In these circumstances, most certainly the rules of natural justice have been broken. The impugned order and the order dated 24.3.2006 are set aside. We are not going into the facts, but surely a fair hearing has to be ordered by the writ Court. 6. The Registrar will decide the matter afresh after giving an opportunity of hearing, both to Badam Singh and the complainants, like the appellants on whose complaint Badam Singh was initially proceeded against. The orders and observations are without prejudice to the rights and contentions of the parties on facts and merits before the Registrar, and in all other subsequent proceedings. The Registrar will decide the matter afresh after giving an opportunity of hearing, both to Badam Singh and the complainants, like the appellants on whose complaint Badam Singh was initially proceeded against. The orders and observations are without prejudice to the rights and contentions of the parties on facts and merits before the Registrar, and in all other subsequent proceedings. The decision might be taken by the Registrar within a period of four months from the date hereof. 7. The appeal is allowed. Appeal Allowed. ———