VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 251
543
authority for imposing penalty, it is nothing short of a travesty of
principles of natural justice. Natural justice, as propounded by the
Supreme Court is nothing but fair play in action. It is an off-shoot of
the principle that justice should not merely be done but must also be
seen to be done. Naturally, when witness to an occurrence assumes
the role of an Inquiry Officer, fair play in action is lacking in such a
case. Principles of natural justice dictate that a disciplinary inquiry
must always be fair and the fairness should appear from the record.
In the instant case, in view of the fact that an Assistant Commandant
who was to substantiate the criminal charge against the petitioners
was entrusted with the task of holding an inquiry, it is not safe to
presume that he is unbiased.
(251)
Principles of natural justice — bias
Accuser or witness cannot himself be a judge. Order
of dismissal of a Police Constable on charge relating
to shouting of slogans against Disciplinary authority
violates principles of natural justice.
Shyamkant Tiwari vs. State of Madhya Pradesh,
1986(1) SLR MP 558
The petitioner was holding the post of Police Constable at
Indore. Charges framed by the Superintendent of Police, Indore were
in respect of the activities of the petitioner and others. The City
Superintendent of Police, Indore (East) working under the
Superintendent of Police, Indore was the Inquiring Authority. The
petitioner had moved an application before the Inquiry Officer that he
apprehends retaliatory action by the Superintendent of Police, Indore,
Sri Ashok Patel. At the conclusion of the inquiry, Sri Ashok Patel
passed the impugned order of dismissal.
The Madhya Pradesh High Court observed that it is clear
from the record that in the agitation giving rise to the departmental
inquiry, slogans were shouted against Sri Ashok Patel, Superintendent