Service Law : Establishing Bias in Disciplinary Proceedings

Service Law : Establishing Bias in Disciplinary Proceedings

The principles on the basis of which one can successfully establish bias in disciplinary proceedings were explained in Taj Mahal Hotel v. Industrial Tribunal [2010] GCtR 6284 (Delhi). 

It was held that "it is almost impossible to so establish bias. It is sufficient if there is a real likelihood of bias or bona fide suspicion of bias or substantial possibility of bias. The likelihood of bias is to be looked into in the mind of the party and not in the mind of the inquiry officer. Even if the inquiry officer is impartial but if a right minded person would think, in the circumstances of the case, there was real likelihood of bias on his part, then the inquiry officer could not function as such and if he functions and renders the decision, that decision gets invalidated on the ground of bias. The Court will not inquire whether the inquiry officer, in fact, favoured one side unfairly. Suffice if a reasonable person would think that he did."