admitted. It would be wrong and
inappropriate in the present context to prejudge and pronounce on
aspects which are factual and disputed. The ‘content
others say that the court cannot
prejudge what is to be decided by the decision-making
authority de Smith (5th Edn., 1994, paras
same individual poses such a risk of actual bias
or prejudgment that the practice must be forbidden
if the guarantee of due process
will merely
knock his head against the impenetrable wall of
prejudged opinion, such a show cause notice
does not commence a fair procedure especially
when
same individual poses such a risk of actual bias or prejudgment that the practice must be forbidden if the guarantee of due process
suspension under Rule 16. It cannot
be read as, in any manner, prejudging the powers of the
State to initiate disciplinary proceedings or the lack ... Appeal) Rules, 1969 and would not in any
manner be read as prejudging the powers of the State to initiate disciplinary
proceedings or lack
disqualified to sit in appeal against his
own decision, as he already prejudged the matter
WP(C) 8879/2009 Page 17 of 27
otherwise such
disqualified to sit in appeal against his own decision, as he
already prejudged the matter otherwise such an appeal would be
termed an appeal from
order may be warranted" could
be construed as an attempt to prejudge the merits. The rejection in the
present case was in consonance