Supreme Court of India · 2002-01-11
AMAR NATH CHOWDHURY vs BRAITHWAITE AND COMPANY LTD. .
- Citation / case number
- SC 2000/16266
- Court
- Supreme Court of India
- Petitioner
- AMAR NATH CHOWDHURY
- Respondent
- BRAITHWAITE AND COMPANY LTD. .
- Author
- ASHOK BHAN V.N. KHARE
- Bench
- ASHOK BHAN V.N. KHARE
Judgment text excerpt
The Supreme Court held that the participation of the Disciplinary Authority, Shri S. Krishnaswami, in the Board's deliberations regarding the appellant's appeal constituted legal bias, violating the principles of natural justice. The Court emphasized that an adjudicating authority must be impartial and cannot judge its own cause, referencing Article 14 of the Constitution of India. Consequently, the Court remanded the case to the appellate authority for a fresh hearing, ensuring compliance with the principles of fair procedure.