Kumaon Mandal Vikas Nigam Ltd vs Girja Shankar Pant & Ors on 18 October, 2000
Rattan Lal Sharmas case (supra) thus, in fact, has not
expressed any opinion which runs counter to that in Girja
Shankars case (supra) and the decision in the last noted
case thus follows the earlier judgment in Rattan Lals case
even though not specifically noticed therein. Before
adverting to the rival contentions as raised in the matter,
it would also be convenient to note the other perspective of
the issue of bias to wit: malafides. It is trite knowledge
that bias is included within the attributes and broader
purview of the word malice. It is at this juncture,
therefore, the relevancy of the factual details is otherwise
felt to assess the situation as to whether there is existing
cogent evidence of improper conduct and motive resultantly a
malafide move on the part of the appellants herein against
respondent No.1 V.K. Khanna. The records depict that
immediately before the departure of the earlier Ministry in
the State of Punjab and Shri Khanna being the Chief
Secretary of the State in terms of the specific orders of
the then Chief Minister referred two cases to the Central
Bureau of Investigation: The first being accumulation of
assets in the hands of Shri Bikramjit Singh, IAS being
disproportionate to the known source of income and secondly
allotment of land and release of funds to the Punjab Cricket
Association the Government, however, changed and soon
thereafter the petitioner was chargesheeted inter alia for
acting in a manner which cannot but be ascribed to be
malafide and in gross violation of the established norms and
procedure of the Government function contrary to the service
rules and in any event, lack of fair play and lack of
integrity with high moral as was expected of a senior civil
servant. BACKGROUND FACTS The charge-sheet, however, stands
challenged before the Central Administrative Tribunal,
Chandigarh Bench by Shri V.K. Khanna, the former Chief
Secretary to the Punjab Government since 2nd July, 1996 and
continued to be so under the Government headed by Mrs.
Rajinder Kaur Bhattal as the Chief Minister.