1999 LAB. I. C. 3169 ::1999 ALL. L. J. 1359 ::(1999) 1 CurLR 830 ::(1999) 81 FacLR 394 ::(1999) 1 All WC 521 ::(1999) 1 ESC 387 ::(1999) 4 SCT 350 ::(1998) 7 ServLR 586

Allahabad High Court

Hon'ble Judge(s): D. K. Seth , J

(A) Constitution of India , Art.311, Art.14— Disciplinary proceedings - Bias - Complaint initiated by disciplinary authority - Order of punishment cannot be passed by same authority - Principle of nemo debet esse judex in propria causa based on concept of bias would be attracted.Maxim - Nemo debet esse judex in propria causa - Principle of, is based on concept of bias. If the enquiry proceedings is initiated on the basis of the complaint made by the disciplinary authority, in that event the disciplinary authority cannot be a Judge in his own cause and pass the order of punishment. The principle of 'nemo debet esse judex in propria causa (no man shall be a judge in his own cause), is based on the concept of bias. It is difficult to prove the state of mind of a person. The real question is not whether he would be biased or was biased. The question is of reasonable likelihood of bias. It is a question of human probabilities and ordinary course of conduct. The deciding authority must be impartial and without bias. A predisposition to decide for or against one party without proper regard to the merits of the dispute is bias. Personal bias is one of the three limbs of bias viz. pecuniary bias, personal bias and official bias. For appreciating personal bias or bias to the subject matter, the test is whether there was a real likelihood of bias even though such bias ....