GURBACHAN SINGH SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) What are the parameters of the doctrine of likelihood of bias in a departmental proceeding is the question, which arises for consideration in this writ petition.

(2.) FACTS: - The petitioner was a permanent employee of Military Engineering Service ( in short, 'MES' ) of the Defence department on 8.12.1951 as Upper Division Clerk (in short, 'UDC'). On or about 17.10.1974, a policy relating to the transfer of civilian subordinate personnel was laid down in conformity with the principles laid down by the Government of India, Ministry of Defence, O.M. No. 13(I)/70/D (Apptts) dated 29.11.1972, the relevant portion of which are :-

(3.) Mr. Ajay Malvika, the learned counsel appearing on behalf of the petitioner, would contend that as the respondent No. 2 issued a charge-sheet against the petitioner, he could not have been entertained the appeal preferred by him against the order of the disciplinary authority. The learned counsel would contend that there existed a likelihood of bias and on that ground alone the entire action must be held to be vitiated in law. The learned counsel in support of the said contention has relied upon the decisions of the Apex Court in Arjun Chauben v. Union of India & Ors.1 and State of U.P. v. Mohammad Nooh 2.