The need to establish bias in the context of each individual case and the doctrine of severability.

Valmiki J. Mehta, J.

1. This writ petition is filed by the petitioner-Mrs. S.V. Sharma impugning the order of the Delhi School Tribunal (DST) dated 28.8.2001. By the impugned order, the DST dismissed the appeal of the present petitioner and upheld the enquiry report and the order of the Disciplinary Authority imposing the penalty of removal from services upon the petitioner.

2. Before me two main grounds are urged for impugning the orders of the Disciplinary Authority and the DST. The first ground is that one Mrs. M. Varshney was a member of the Disciplinary Committee, who imposed the punishment upon the petitioner and who also appeared as a witness in the proceedings, thereby the order of the Disciplinary Authority is liable to be set aside on the ground of bias. Reliance is placed upon certain paragraphs of the judgment of the Supreme Court in the case of Rattan Lal Sharma Vs. Managing Committee, Dr. Hari Ram (Co-education) Higher Secondary School and Ors. AIR 1993 SC 2155: 1993 (4) SCC 10. The second ground which is urged before me is that principles of natural justice are violated because petitioner was not given documents in the enquiry proceedings, and which action of the Enquiry Officer causes a vital flaw in the report of the Enquiry Officer.

3. At the outset, and before I go to the discussion of the issues in the case, I may state that law with respect to challenge to orders which are passed by the Departmental Authorities is now well settled. Orders passed by the Departmental Authorities can be challenged only under any of the following four heads:-

(i) The orders which are passed are in violation of principles of natural justice.

(ii) Orders are in violation of law or rules of the employer-organization,

(iii) Orders are perverse,

(iv) There is violation of doctrine of proportionality. This Court while hearing a challenge raised under Article 226 of the Constitution of India does not sit as an Appellate Court over findings arrived at by the Enquiry Officer. This Court does not re-apprise the findings of facts and conclusions arrived at by the Enquiry Officer/Disciplinary Authority unless the findings are perverse. If two views are plausible and possible, Courts will not interfere much less in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.

4. Let me take up firstly the second ground which is urged of violation of principles of natural justice on account of the fact that various documents were not supplied to the petitioner. I put a specific query to the counsel for the petitioner to show to me either in the grounds in the present writ petition or in the grounds of appeal before the DST as to what are the documents which were not supplied to the petitioner, and how each of those documents which were not given, have prejudiced the petitioner. These queries were put by me because the Supreme Court in the judgment in the case of State Bank of Patiala and Ors. Vs. S.K. Sharma (1996) 3 SCC 364 has held that once the case is not a case of no hearing, and violation is alleged only of a facet of principles of natural justice such as non-supply of documents, then, the delinquent employee will have to show that how he is prejudiced by non-supply of documents. Since in the present case there are no pleadings whatsoever as to the prejudice which is allegedly caused to the petitioner for non-supply of the documents, I do not find that the petitioner can challenge the findings of the Enquiry Officer or the orders passed by the Disciplinary Authority on the ground that on account of violation of principles of natural justice the report of the Enquiry Officer and the consequent order of the Disciplinary Authority, should be set aside.

5. Actually, the main ground urged on behalf of the petitioner is of bias of the Disciplinary Committee and consequent violation of principles of natural justice because one of the Members of the Disciplinary Committee Mrs. M. Varshney appeared as a witness