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january 2002

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.

AMAR NATH CHOWDHURY vs BRAITHWAITE AND COMPANY LTD. . · Niyam