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2002 (1) TMI 1212 - SC - Companies LawWhether the proceedings of the Board were vitiated on account of participation of the disciplinary authority, while deciding the appeal preferred by the appellant? Held that:- Appeal allowed. In view of the definition of the expression ‘Board’, the Board could have constituted a Committee of the Board/management or any officer of the company by excluding Chairman-cum-managing director of the company and delegated any of its powers, including the appellate power, to such a Committee to eliminate any allegation of bias against such an appellate authority. It is, therefore, not correct to contend that the rule against bias is not available in the present case in the view of the ‘doctrine of necessity’. We are, therefore, of the view that reliance of the doctrine of necessity in the present case is totally misplaced.
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