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Inderpreet Singh Kahlon & Ors vs State Of Punjab & Ors on 3 May, 2006 cites

Krishan Yadav vs State Of Haryana (Mohan J.) on 12 May, 1994

[See also Rupa Hurra V. Ashok Hurra, (2002) 4 SCC 388 and Krishan Yadav (supra)] It is not necessary for us, in the facts and circumstances of this case, to give our final views as regard the current rein in the precedent, i.e., from likelihood of bias to 'real danger of bias' as was observed in M.P. Special Police Establishment v. State of M.P. [(2004) 8 SCC 788] but we may only observe that if the principles of bias which have been highlighted by Mr. Rao for attacking the conduct of Mr. Sindhu as a Constitutional functionary are correct, there is no reason as to why the same principles would not apply to the case of judicial officers. The apprehension in the mind of judicial officers that inferences had been drawn on the basis of non-existent fact cannot be ruled out. It was in the aforementioned premise, the officers should have at least been given an opportunity to have a look to the reports on the basis whereof they had been categorized as tainted officers. We fail to understand if ultimately in the opinion of the High Court, the Judicial Offices were found to be entitled to look the said report, why the copies thereof were not made available to them or at least why inspection thereof was not given at an appropriate time so as to enable them to make their submissions. Curiously enough only when after the oral submissions were over and written submissions have been filed, although the writ petition belonging to other categories of services were being heard, the arguments advanced on behalf of the Judicial Officers were directed to be closed and only on the next date when the counsel had no occasion to make comments upon the reports, the same were read out in the Court and allowed to be inspected by the counsel. It may be that the Superior Judiciary always make endeavours to deal with the judicial officers in all seriousness it deserves; but then such harsh punishments may be meted out only when there are sufficient materials on record so as to enable it to satisfy itself upon adopting a fair procedure. We have no hesitation to observe that the Judicial Officers were unfairly treated by the High Court.
Supreme Court of India Cites 1 - Cited by 112 - S Mohan - Full Document
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