Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Disciplinary Proceedings-Bias |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Disciplinary Proceedings-Bias-Appeal against order of Disciplinary Authority-Disciplinary Authority also acting as Appellate Authority-Held, order of Appellate Authority vitiated on account of bias-Dual function permissible only when permitted by an act of legislation or statutory provision-Administrative Law-Bias.Disciplinary proceedings were initiated against appellant by the respondent-Company. Disciplinary Authority, who was the Chairman-cum-Managing Director of the company, accepted the report of Inquiry Committee and removed the appellant from service. Appellant preferred appeal against the said order under regulations framed by the company before the Board of Directors which was dismissed by a non-speaking order. The Chairman-cum-Managing Director presided over and participated in the deliberations of the meeting of the Board. Appellant filed writ petition challenging the said order which was allowed by Single Judge. In appeal, Division Bench reversed the order of Single Judge. Hence, this appeal. Appellant contended that order of Appellate Authority was vitiated on account of legal bias by the participation of Disciplinary Authority in the deliberations of meeting of the Board which decided his appeal. Respondent relied upon doctrine of necessity and contended that rule against bias is not available as Chairman-cum-Managing Director was required to participate in the meeting of the Board under the Regulations framed by the Company. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2002 INSC 19 |
Petitioner | Amar Nath Chowdhury |
Respondent | Braithwaite And Co. Ltd. And Ors. |
SCR | [2002] 1 S.C.R. 184 |
Judgement Date | 2002-01-11 |
Case Number | 193 |
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