9911796707
TMI Blog2002 (1) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... nitiate disciplinary proceedings against the appellant herein. Consequently, the appellant was served with a charge sheet to which he gave an explanation. An Enquiry Committee constituted for that purpose, after making an en- quiry, found that the charges levelled against the appellant proved. The Enquiry Committee, accordingly, submitted its report to the disciplinary authority. The disciplinary authority, who was the then Chairman-cum-managing director of the company accepted the report submitted by the Enquiry Committee and he, by order dated 13-2-1984, removed the appellant from service. 3. Under the regulations framed by the company, an appeal against an order of the disciplinary authority lies before the Board of directors of the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned senior counsel appearing on behalf of the appellant, is that the order of the removal having been passed by the disciplinary authority - Shri S. Krishnaswami, who was then the Chairman-cum-managing director of the company, was disqualified to have presided over and participated in the deliberations of the meeting of the Board which heard and dismissed the appeal and, therefore, the order of the appellate authority was vitiated on account of legal bias. We find substance in the argument. It is not disputed that Shri K. Krishnaswami was then the Chairman-cum-managing director of the company. It is also not disputed that Shri Krishnaswami was also the disciplinary authority who passed the order of removal against the appellant. The que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then Chairman-cum-managing director of the company, acted as a disciplinary authority as well as an appellate authority when he presided over and participated in the deliberations of the meeting of the Board while deciding the appeal of the appellant. Such a dual function is not permissible on account of established rule against bias. In a situation where such a dual function is discharged by one and the same authority, unless permitted by an act of legislation or statutory provision, the same would be contrary to rule against bias. Where an authority earlier had taken a decision, he is disqualified to sit in appeal against his own decision, as he already prejudged the matter, otherwise such an appeal would be termed an appeal from caesar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irman-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. 9. For the reasons stated hereinbefore, we find that the appeal deserves to succeed. Accordingly, the order and the judgment under challenge as well as the order passed by the appellate authority are set aside and the matter is sent back to the appellate authority to decide the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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