VIGILANCE MANUAL VOLUME III - AP Online

512 DECISION - 233
status, the court cannot take cognizance of a private complaint as
there could not have been investigation by a police officer of the
specified status on the ground that section 5A is a safeguard against
investigation of offences committed by a public servant by petty or
lower rank police officers and it has nothing to do directly or indirectly
with the mode and method of taking cognizance of offences by the
Court of Special Judge and that provision of section 5A is not a condition
precedent to initiation of proceedings before the special judge.
(233)
Principles of natural justice — bias
Where charges against Government servant relate
to his misconduct against Disciplinary Authority,
such Disciplinary Authority passing order of
dismissal amounts to his being a judge in his own
cause and violates rules of natural justice.
Arjun Chowbey vs. Union of India,
1984(2) SLR SC 16
The appellant was working as a senior clerk in the office of
the Chief Commercial Superintendent, Northern Railway, Varanasi.
On 22-5-82, the Senior Commercial Officer wrote a letter calling upon
him to offer his explanation in regard to 12 charges of gross
indiscipline. The appellant submitted his explanation on 9-6-82. On
the very next day, the Deputy Chief Commercial Superintendent
served a second notice saying that the explanation was not convincing
and that he should explain why deterrent disciplinary action should
not be taken against him. The appellant offered his explanation on
14-6-82 and the very next day, the Deputy Chief Commercial
Superintendent passed an order dismissing him from service on the
ground that he was not fit to be retained in service. The appellant
filed a writ petition in the High Court of Allahabad and it was dismissed
upon which the appellant filed this appeal before the Supreme Court
by special leave.