SUPREME COURT
KV Vishwanathan, JK Maheshwari, JJ
Krishnadatt Awasthy v. State of MP
| Table of Content |
|---|
| 1. background details of selection and allegations. (Para 2 , 4 , 6 , 8) |
| 2. conflicting arguments on natural justice. (Para 3 , 11 , 12) |
| 3. principles of judicial review and natural justice. (Para 14 , 15 , 20) |
| 4. presence of bias and recusal mechanisms. (Para 17 , 26) |
| 5. audi alteram partem and its significance. (Para 30 , 36 , 37) |
| 6. conclusion and findings on natural justice. (Para 68 , 70 , 72) |
1. Heard Mr. Vivek Tankha, learned Senior Counsel appearing for the appellant. The respondents are represented by Ms. Mrinal Gopal Elker, learned counsel and Mr. Avdhesh Kumar Singh, learned counsel.
3. While Justice JK Maheshwari upheld the finding to set aside the selection of Shiksha Karmis on account of the violation of the first limb of the principle of natural justice i.e. rule against bias, Justice KV Vishwanathan has however upheld the selection, citing inter alia, a breach of the right to a fair hearing. Therefore, in this case, we are confronted with a conflict between the two foundational principles of natural justice i.e. rule against bias (nemo judex in causa sua) and the right to a fair hearing (audi alteram partem).
5. Relying on the MP High Court's judgment in Hir
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