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16. The Hon'ble Supreme Court relying upon the decision in the case of State of U.P. v. Mohammad Nooh, AIR 581(6) (sic) in Arjun Chaubey v. Union of India, relied upon the following observation of Hon'ble Supreme Court in State of U.P. v. Mohammad Nooh, AIR 1958 SC 86 :-

"that the role of a Judge and witness cannot be played by one and the same person and that it is futile to expect, when those roles are combined, that the Judge can hold the scales of justice even. Thereafter it was observed in Arjun Chaubey (supra) 'we may borrow the language of Das, C.J. and record a finding on the facts of the case before us that the illegality touching the proceedings which ended in the dismissal of the appellant is "so patent and ludly obtrusive that it leaves an indelible stamp of infirmity" on the decision of respondent No. 3."

18. In Gokaran Nath Lal v. U.P. State Public Services Tribunal, 1991 LCD 432, wherein the enquiry against the delinquent after considering the State of U.P. v. Mohd. Nooh, (supra) and Baijnath Mohapatra y. State of Orissa (Supra), I observed that the order of dismissal passed against the appellant is wholly vitiated for the simple reason that no person can be Judge of his own cause. In this regard I borrowed the language of Hon'ble S.R. Das, C.J. and recorded a finding in the case which was before me that the illegality touching the proceedings which ended in the dismissal of the appellant is "so patent and loudly obtrusive that it leaves an indelible stamp of infirmity" on the inquiry report made by Sri G.K. Mathur. The punishing authority while agreeing with the report of the Enquiry Officer committed manifest error of law in passing the order of removal for the reasons stated:-

19. In Ratan Lal Sharma v. Managing Committee, Dr. Hari Ram Higher Secondary School and Ors., (1993) 4 SCC 10, Hon'ble Supreme Court while considering the parameters of principle of natural justice in the administrative law observed in para 10 of the reports :-

"that one of the cardinal principle of natural justice is Nemo debet esse judex in propria causa (no man shall be Judge of his own cause). The deciding authority must be impartial and without bias. It has been held by this Court in the case of Secretary to Government, Transport Department v. Munuswamy Mudaliar, 1988 Supp. SCC 651, that a predisposition to decide for or against one party without proper regard to the true merits of the dispute is bias. Personal bias is one of the three major limbs of bias namely pecuniary bias, personal bias, and official bias. A classic case of a personal bias was revealed in the decision of this Court in State of U.P. v. Mohd. Nooh. In the said case, a departmental inquiry was held against an employee. One of the witnesses against the employee tunned hostile. The Officer holding the enquiry then left the inquiry, gave evidence against the employee and thereafter resumed to complete the inquiry and passed the order of dismissal. This Court quashed the order of dismissal by holding inter alia that the rules of natural justice were grievously violated."