TMI Blog1994 (5) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... n, Greater Bombay, by his order dated 31-5-1977. The Deputy Director came to the conclusion that the rules of natural justice had been violated inasmuch as Shri S.K. Vig who was co-opted as nominee of the school was not a member of the Managing Committee; the record and proceedings of the Enquiry Committee were not properly maintained; the Secretary was not always present at the meetings of the Enquiry Committee and Shri Inder Raj Sudan, the Principal of the School had a strong bias against the delinquent and, therefore, he could not and ought not to have acted as a member of the Enquiry Committee. On these grounds the Deputy Director of Education set aside the order of removal against which the Management preferred an appeal which was allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on an independent appreciation came to the conclusion that four of the 16 charges were established and on that finding sustained the order of removal. He, therefore, submitted that the Division Bench of the High Court was not right in treating the order as void ab initio on the ground that one of the members of the Committee enquiring into the matter was strongly biased against the delinquent. At any rate, submitted counsel, the defect could be cured and that was cured by the Joint Director independently assessing the material on record in support of each charge. We are afraid, in the facts and circumstances of this case, we are not in a position to endorse this line of reasoning. 3. It must be realised that Shri Inder Raj Sudan the Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be dismissed. Mr Bobde submitted that inherent in this observation is the view that the defect could have been cured if the Secretary of State had made the final decision on the basis of the record without being influenced by the decision impugned before him. We do not think that it would be permissible to draw such an inference. That cannot be said to be the ratio of the decision. The learned Judge himself says in so many words that he does not consider what would have been the result if the Secretary had given his independent decision. The decision could have gone one way or the other. Therefore, the above observation does not help Mr Bobde. If the defect is one which goes to the root of the matter and which is incurable it cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. As a general rule, at all events, I hold that a failure of natural justice in the trial body cannot be cured by a sufficiency of natural justice in an appellate body. But the learned counsel pointed out that in Calvin v. Carr (1979) 2 All ER 440, 448 the aforesaid observations from Leary were described as too generally stated. Their Lordships pointed out that it affirms a principle which may be found correct in a category of cases but to seek to apply it generally would tantamount to overlook, what in the end is a fair decision, notwithstanding some initial defect. There is, however, a distinction between a defect in the enquiry and a lapse which almost destroys the enquiry. Where the lapse is of the enquiry being conducted by an of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a person who was strongly biased against the delinquent. While dealing with this contention this Court observed: (SCC p. 22, para 12) The learned Single Judge, in our view, has rightly held that the bias of Shri Maru Ram, one of the members of the enquiry committee, had percolated throughout the enquiry proceedings thereby vitiating the principles of natural justice and the findings made by the enquiry committee was a product of a bias and prejudiced mind. The illegality committed in conducting the departmental proceedings has left an indelible stamp of infirmity on decision of the Managing Committee since affirmed by the Deputy Commissioner and the Commissioner. In this view of the matter this Court concluded that the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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