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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.
Supreme Court of India Cites 9 - Cited by 410 - U C Banerjee - Full Document

The Bengal Immunity Company Limited vs The State Of Bihar And Others on 4 December, 1954

The Court will not inquire whether he was really prejudiced. If a reasonable man would think on the basis of the existing circumstances that he is likely to be prejudiced, that is sufficient to quash the decision (see per Lord Denning, H.R. in Metropolitan Properties Co. (F.G.C.) Ltd. v. Lannon and Others, etc. : (1968) 3 WLR 694 at 707). We should not, however, be understood to deny that the Court might with greater propriety apply the reasonable suspicion test in criminal or in proceedings analogous to criminal proceedings.
Supreme Court of India Cites 134 - Cited by 1107 - Full Document

Rattan Lal Sharma vs Managing Committee, Dr. Hari Ram ... on 14 May, 1993

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.
Supreme Court of India Cites 11 - Cited by 220 - G N Ray - Full Document
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