IMPORTANT POINT
Where an authority earlier had taken a decision he is disqualified to sit in appeal against his own decision.

JUDGMENT

V.N. Khare, J.-Leave granted.

2. The appellant herein was an employee of the Braithwaite and Company Limited, Calcutta, a Government of India Undertaking (hereinafter referred to as the Company ). It appears that certain misconduct committed by the appellant came to the notice of the Company. With the result, the Company decided to initiate disciplinary proceedings against the appellant, herein. Consequently, the appellant was served with a charge-sheet to which he gave an explanation. An Inquiry Committee constituted for that purpose after making an enquiry, found that the charges levelled against the appellant proved. The Inquiry Committee accordingly submitted its report to the Disciplinary Authority. The Disciplinary Authority, who was the then Chairman-cum-Managing Director of the Company accepted the report submitted by the Inquiry Committee and he, by order dated 13.2.84, removed the appellant from service.

3. Under the regulations framed by the Company, an appeal against an order of the Disciplinary Authority lies before the Board of Directors of the Company (hereinafter referred to as the Board ). The appellant preferred an appeal against the order of his removal from service before the Board. It is not disputed that Shri S. Krisbnaswami, who was then the Chairman-cum-Managing Director of the Company and who, in his capacity as the Disciplinary Authority, removed the appellant from service presided over and participated in the deliberations of the meeting of the Board. The Board by order dated 31.8.84, dismissed the appeal filed by the appellant by a non-speaking order. Aggrieved, the appellant filed a writ petition under Article 226 of the Constitution of India before the Calcutta High Court. A Learned Single Judge of the High Court after having found defect in the proceedings, set aside the order of removal passed against the appellant. The Company filed a Letters Patent Appeal before a Division Bench of the High Court. The Division Bench found the order and judgment of the Learned Single Judge as erroneous and in that view of the matter, the order passed by the Learned Single Judge was set aside and the writ petition filed by the appellant stood dismissed. It is against the said judgment and order of the High Court, the appellant has preferred this appeal.

4. This Court while entertaining the special leave petition out of which the present appeal arises, passed the following order:

"Issue notice confined to the question as to why the case may not be remanded to the appellate authority."

5. One of the arguments raised by Shri P.P. Rao, learned senior counsel appearing on behalf of the appellant, is that the order of removal having been passed by the Disciplinary Authority - Shri S. Krishnaswami, who was then the Chairman-cum-Managing Director of the Company, was disqualified to have presided over and participated in the deliberations of the meeting of the Board which heard and dismissed the appeal and, therefore, the order of the Appellate Authority was vitiated on account of legal bias. We find substance in the argument. It is not disputed that Shri S. Krishnaswami was then the Chairman-cum-Managing Director of the Company. It is also not disputed that Shri Krishnaswami was also the Disciplinary Authority who passed the order of removal against the appellant. The question, therefore, arises whether the proceedings of the Board was vitiated on account of participation of the Disciplinary Authority while deciding the appeal preferred by the appellant.

6. One of the principles of natural justice is that no person shall be a judge in his own cause or the adjudicating authority must be impartial and must act without any kind of bias. The said rule against bias has its origin from the maxim known as Debet esse Judex in Propria Causa , which is based on the principle that justice not only be done but should manifestly be seen to be done. This could be possible only when a judge or an adjudicating authority decides