AMAR NATH CHOWDHURY versus BRAITHWAITE AND CO. LTD. AND ORS.

AMAR NATH CHOWDHURY versus BRAITHWAITE AND CO. LTD. AND ORS.

Where an authority earlier had taken a decision, he is disqualified to sit in appeal against his own decision as he already prejudged the matter; dual function is not permissible unless permitted by statute.

Parties
Appellant: Amar Nath Chowdhury; Respondent: Braithwaite and Co. Ltd.
Jurisdiction
India
Judgment Date
11 January 2002
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Kolkata High Court
Outcome
Appeal allowed
Legal Topics
Disciplinary Proceedings, Bias, Doctrine of Necessity
Service Law Administrative Law Disciplinary Proceedings Bias Doctrine of Necessity

Case Brief

Summary, issues, holding and outcome

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Parties

Amar Nath Chowdhury

Appellant

Braithwaite and Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Kolkata High Court

Legal Issues

  1. 1 Whether participation of Disciplinary Authority in appeal proceedings vitiates the appellate order due to bias
  2. 2 Whether doctrine of necessity permits dual function of Disciplinary Authority and Appellate Authority

Ratio Decidendi

Where an authority earlier had taken a decision, he is disqualified to sit in appeal against his own decision as he already prejudged the matter; dual function is not permissible unless permitted by statute.

Court Disposition

Appeal allowed

Orders

  • Order and judgment under challenge and order passed by Appellate Authority are set aside.
  • Matter remanded to Appellate Authority to decide the appeal by a speaking order, in accordance with law.