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of <h1>Supreme Court emphasizes fair trial in teacher removal case, highlights impact of bias. Upholding natural justice.</h1> <h3>TILAK CHAND MAGATRAM OBHAN Versus KAMALA PRASAD SHUKLA</h3> TILAK CHAND MAGATRAM OBHAN Versus KAMALA PRASAD SHUKLA - 1995 SCC, Supl. (1) 21 Issues:Bias in Enquiry Committee leading to unfair trial and removal from service.Analysis:The case involved the respondent, a teacher, who was suspended and removed from service based on charges found by an Enquiry Committee. The Deputy Director of Education set aside the removal order due to bias in the Committee. The Joint Director of Education later upheld four charges independently, leading to an appeal by the Management. The Supreme Court analyzed the presence of bias in the Enquiry Committee, particularly the strong bias of the school Principal against the delinquent. The Court emphasized the importance of a fair trial and the impact of bias on the quality of the enquiry. It was argued that a biased member should excuse themselves to ensure a fair hearing for the delinquent. The Court referred to legal precedents to highlight that a deficiency of natural justice before a trial tribunal cannot be cured by a sufficiency of natural justice before an Appellate Tribunal.The Court rejected the argument that the defect could be cured by the higher authority independently evaluating the evidence. The presence of bias in the Enquiry Committee was deemed to vitiate the entire enquiry proceedings, rendering any decision based on such a tainted record unreliable. The Court emphasized that justice must not only be done but must also appear to be done, highlighting the importance of a fair and unbiased process. The Court cited a recent decision where bias in an Enquiry Committee was found to have percolated throughout the proceedings, vitiating the principles of natural justice and rendering the findings biased and prejudiced.Ultimately, the Supreme Court found no merit in the appeal, as the presence of bias in the Enquiry Committee was a critical issue that affected the fairness of the trial and subsequent decisions. The appeal was dismissed, emphasizing the importance of upholding principles of natural justice and ensuring a fair and unbiased enquiry process.
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