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VIGILANCE MANUAL VOLUME III - AP Online

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364 DECISION - 123<br />

does not impair the control which is vested in the High Court under<br />

Art. 235 of Constitution.<br />

(123)<br />

(A) Principles of natural justice — area of operation<br />

Rules of Natural Justice operate only in areas not<br />

covered by statutory rules and they do not supplant<br />

the law but only supplement it.<br />

(B) Principles of natural justice — bias<br />

There must be a reasonable likelihood of bias. Mere<br />

suspicion of bias is not sufficient. Association of<br />

the official with the selection for which he was also<br />

a candidate was violative of the principle that a<br />

person should not be a judge in his own cause.<br />

A.K. Kraipak vs. Union of India,<br />

AIR 1970 SC 150<br />

The petitioners were senior officers of the Forest Department<br />

of the Government of Jammu and Kashmir. They were aggrieved on<br />

the ground that they had been superseded in the matter of selection<br />

for All India Forest Service and that a candidate seeking selection to<br />

the Service, Sri Naqishbund, was a member of the Selection Board<br />

and his name was placed at the top of the list of officers finally<br />

selected. The respondents contended that when his own case was<br />

considered by the Selection Board. Sri Naqishbund dissociated<br />

himself from the proceedings of the Board, but admitted that he<br />

participated in the proceedings when the cases of other officers, who<br />

were his rivals in the matter of selection were being considered and<br />

he was a party to the preparation of list of selected candidates in<br />

order of merit. It was against this background that the question<br />

whether the selection was violative of natural justice and was vitiated<br />

on account of bias against the petitioners was considered.

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