A. K. KRAIPAK & ORS. ETC. versus UNION OF. INDIA & ORS.

A. K. KRAIPAK & ORS. ETC. versus UNION OF. INDIA & ORS.

Principles of natural justice, particularly impartiality and absence of bias, apply to administrative proceedings affecting civil rights. The selection process was vitiated by the participation of a Board member who was a candidate and who engaged in deliberations regarding his rivals, demonstrating conflict of interest and bias. The selection Board's recommendations, forming the foundation for the UPSC recommendation and subsequent appointments, were affected by this defect. Thus, the entire selection process must be set aside.

Parties
Petitioner: A. K. Kraipak; Petitioner: E. C. Agrawala; Petitioner: Frank Anthony; Petitioner: A. T. M. Sampat; Petitioner: C. K. Daphtary; Petitioner: S. R. Agarwala; Petitioner: Champat Rai; Respondent: Union of India; Respondent: N. S. Bindra; Respondent: R. N. Sachthey; Respondent: H. R. Gokhale; Respondent: Harbans Singh
Jurisdiction
India
Judgment Date
29 April 1969
Procedural Posture
Writ Petition (art. 32) / Final Judgment
Outcome
Petitions allowed; impugned selections set aside.
Legal Topics
Principles of Natural Justice, Bias in Selection Committees, Validity of Administrative Decisions, Enforcement of Fundamental Rights (arts. 14, 16)
Administrative Law Constitutional Law Principles of Natural Justice Bias in Selection Committees Validity of Administrative Decisions Enforcement of Fundamental Rights (arts. 14, 16)

Case Brief

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Parties

A. K. Kraipak

Petitioner

E. C. Agrawala

Petitioner

Frank Anthony

Petitioner

A. T. M. Sampat

Petitioner

C. K. Daphtary

Petitioner

S. R. Agarwala

Petitioner

Champat Rai

Petitioner

Union of India

Respondent

N. S. Bindra

Respondent

R. N. Sachthey

Respondent

H. R. Gokhale

Respondent

Harbans Singh

Respondent

Procedural Posture

Writ Petition (art. 32) / Final Judgment

Legal Issues

  1. 1 Whether principles of natural justice apply to administrative proceedings.
  2. 2 Whether there was a violation of natural justice in the selections.
  3. 3 Whether subsequent consideration by the Ministry and UPSC cures defects in Board proceedings.

Ratio Decidendi

Principles of natural justice, particularly impartiality and absence of bias, apply to administrative proceedings affecting civil rights. The selection process was vitiated by the participation of a Board member who was a candidate and who engaged in deliberations regarding his rivals, demonstrating conflict of interest and bias. The selection Board's recommendations, forming the foundation for the UPSC recommendation and subsequent appointments, were affected by this defect. Thus, the entire selection process must be set aside.

Court Disposition

Petitions allowed; impugned selections set aside.

Orders

  • Impugned selections to the Indian Forest Service (senior and junior scale) from Jammu & Kashmir are set aside.
  • Union Government and State Government to pay costs to petitioners.