Supreme Court Grants Special Leave, Emphasizes Fair Decision-Making Process

The Supreme Court granted special leave, set aside the High Court's order, and remitted the case for fresh consideration, emphasizing the need for a fair and unbiased decision-making process in accordance with the law. The Court found the involvement of a Committee member in both the disciplinary decision and the judicial review to be improper, highlighting the importance of avoiding any appearance of bias in the decision-making process.

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Issues involved: Challenge against dismissal from service due to bias in the decision-making process.

Facts: The appellant, a Judicial Officer, faced a departmental inquiry initiated by the High Court of Gujarat based on a complaint. The Inquiry officer's report found the charges proved, leading to a recommendation for the appellant's dismissal. The appellant filed a reply and challenged the decision through Special Civil Application No. 6164 of 2002, which was dismissed by the High Court of Gujarat.

Legal Analysis: The appellant's counsel raised a valid concern regarding bias, noting that a member of the Disciplinary Committee later heard the appeal on the judicial side. The Supreme Court emphasized the principle that no one should be a judge in their own cause, as it raises apprehension of bias. Referring to established jurisprudence, the Court highlighted the importance of not only ensuring justice but also maintaining the appearance of justice. The Court found the involvement of the Committee member in both the disciplinary decision and the judicial review to be improper.

Judgment: The Supreme Court granted special leave, set aside the High Court's order, and remitted the case for fresh consideration, emphasizing the need for a fair and unbiased decision-making process in accordance with the law.

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