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TMI Blog2008 (4) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... .7.1992 and 22.12.1994 and allowed the writ petition of the Vijay D. Wani respondent(herein) and directed the Cantonment Board to reinstate the petitioner (respondent herein) into service with 50% backwages and continuity of service. 2. Brief facts which are necessary for disposal of this appeal are that the respondent was appointed as Junior Engineer (Electrical) with Pune Cantonment Board with effect from 9.3.1977. Later on he was re-designated as Sectional Engineer (Electrical). In 1987, the Cantonment Board decided to purchase N.C.T. pies for street lighting and directed the respondent to prepare an estimate. Similarly he was also directed to prepare estimates for electrification of S.V.P. Cantonment General Hospital, for the purpose o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. 3. Aggrieved against this order the respondent preferred an appeal before the High Court. The High Court rejected the first contention of the respondent that all the three members of the Enquiry Committee happened to be the members of the Board in which capacity they had scrutinized, approved and accepted the estimates prepared by the respondent when the estimates were placed before the Cantonment Board. Since they were interested in the matter, therefore, the enquiry should have been quashed on the ground of bias. Secondly, it was contended that the alleged misconduct of the respondent themselves participated in the meeting of the Cantonment Board and voted in favour of the report while considering the issue of inflicting punishment on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent and found him guilty were interested to see that their report should be confirmed by the Board and this seriously prejudiced and biased the process of decision making him guilty. This contention was upheld by the Division Bench and consequently the Division Bench set aside the order Cantonment Board as well as the order on appeal by the GOC-in- Chief, Southern Command, Pune and the order passed by the Secretary, Government of India, Ministry of Defence. Aggrieved against the order passed by the Division Bench of the High Court, this appeal was filed by the Cantonment Board. 4. We have heard learned counsel for the parties and have gone through the records. 5. The question of a bias is always the question of fact. The courts has to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bers of the disciplinary committee, was also members. Their Lordships held as under: "Accordingly, the finding of the council holding the respondent members guilty of misconduct was vitiated by the participation of the members of the Disciplinary committee." This was on the basis of the Principle of apprehension of a bias. Their Lordships observed in the case of Manek Lal v. Prem Chand reported in AIR 1957 SC 425 wherein it was observed: It is well settled that every member of a tribunal that is called upon to try issue in judicial or quasi- judicial proceedings must be able to act judicially; and it is of the essence of judicial decisions and judicial administration that judges should be able to act impartially, objectively and without a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to a committee. Similarly in Sir Bloom-Cooper's Comment on "Bias in appeal", 2005 Public Law 225 in which he quotes at page 227 a very illuminating judgment of Judge Jerome Frank in the case of Rt.J.P. Linhan Inc., (138 F20 650) a brief excerpt from which reads: "Democracy must, indeed, fail unless our courts try cases fairly, and there can be no fair trial before a judge lacking in impartiality and disinterestedness. If, however, 'bias' and 'partiality' be defined to mean the total absence of preconceptions in the mind of the judge, then no one has ever had a fair trial and no one ever will" It was observed in the Ninth edition of Administrative Law by H.W.R. Wade & C.F. Forsyth that Twentieth-century judges have ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id any salary under the Rule "no work no pay". In this connection he invited our attention to the following cases: 1.Baldev Singh v. Union of India & Ors. Reported in 2005(8)SCC 747. 2. India Literacy Board & Ors. V. Veena Chaturvedi & Ors. Reported in 2005 (3) SCC 79. 3. Badrinath v. Government of Tamil Nadu & Ors. Reported in 2000(8) SCC 395. In the case of Baldev Singh (Supra), the appellant was held in a criminal case and thereafter on his acquittal a question arose with regard to his back wages, their Lordships held that it did not arise as he was lawfully confined. Therefore, this case is distinguishable. In the case of India Literacy Board & Ors. (Supra), An SLP was filed against the interim order and their Lordships held that no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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