AIR 1959 SUPREME COURT 1376 ::1960 (1) SCR 580 ::1960 SCJ 53

Supreme Court Of India

(From Andhra Pradesh)* 21st August, 1959.

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. Subba Rao , JJJ

(A) Constitution of India , Art.226— Natural justice-Bias-Judge in his own cause-Principle of--- Statutory exception-Position in India-Motor Vehicles Act does not sanction dereliction of principle of natural justice-Chief Minister hearing objections to scheme of nationalisation-There is no violation of principle of natural justice. Constitution of India , Art.166(3)— Madras Government Business Rules and Secretariat Instructions , R.7— Road Transport Corporation Act (64 of 1950) , — Motor Vehicles Act (4 of 1939) , S.68C— (as amended by Act 100 of 1956) The principles governing the "doctrine of bias" vis-_is judicial tribunals are well-settled and they are: (i) no man shall be a judge in his own cause; (ii) justice should not only be done but manifestly and undoubtedly seem to be done. The two maxims yield the result that if a member of a judicial body is subject to a bias (whether financial or other in favour of, or against, any party to a dispute, or is in such a position that a bias must be assumed to exist, he ought not take part in the decision or sit on the Tribunal; and that any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge and any interest, though not pecuniary, will have the same effect, if it be sufficiently substantial to create a reasonable suspicion of bias. The said principles a....