2. Government have examined the question. In instruction 2 in appendix VI to the C.C.A. Rules, the principle of natural justice applicable in disciplinary cases against Government employees has been clarified as follows: -
It is the fundamental principle of
natural justice that the officer selected to make an enquiry should be a person
with an open mind and not one who is biased against the delinquent or one who
has prejudged the issue".
Regarding the applicability of the
above principle to a disciplinary case, it is open to delinquent officer to
contend that the person appointed as an enquiry officer did not or could not have
an open mind, having regard to the fact that it was he that had gathered
evidence against the delinquent by way of preliminary enquiry and reported the
matter to the higher authority for appointing him as an enquiry officer to
conduct regular enquiry. There is a distinction between personal bias, in the
sense that an officer is personally so situated with reference to a dispute
that he cannot bring to bear upon the subject of the enquiry that independence of
mind and impartiality which one associates with an adjudicator and an official
connection with a dispute at anterior stage which officer may have upon a
matter in the discharge of his official duties. It cannot be said that, in all
cases where an officer has dealt with a matter at an anterior stage, he becomes
disqualified to deal with that matter at a subsequent stage on the basis of
principle of bias. Whether he should be so considered to have been biased would
depend upon the facts and circumstances of each case.
3. It is, therefore, clarified that an officer who conducts a preliminary enquiry is not precluded from being appointed as an enquiry officer, unless the circumstances show that he has a personal bias against the accused officer.
