Law of Administrative and Judicial Bias

THE CONCEPT

1. Bias component of Breach of Natural Justice

2. Natural Justice in Administrative or Disciplinary Jurisdiction

3. Administrative or Quasi-Judicial Power Distinction

4. Impartiality Ancient and Recent

MEANING OF BIAS: THE IDEA AND THE LAW

1. What is Bias

2. Bias and Partiality

3. Meaning of bad faith

4. Meaning of malice or mala fides

5. Doctrine of due process of Law: Principles of natural justice

6. Scope of Law of Bias and mala fides

7. Abuse or misuse of power

MULTIPLE COLOURS OF BIAS

1. General

2. Bias of the subject-matter

3. Pecuniary Bias

4. Personal Bias

5. Legislative Bias

6. Reasonable Likelihood of BiasVitiating Factor

NATURE AND SCOPE OF JUDICIAL BIAS

1. Implications and Scope of Judicial Bias and Misbehaviour

2. Attempts to influence judges: Contempt of court

3. Certain Types of Judicial Impropriety and abuse of Judicial Power

JUDICIAL NEUTRALITY AND CIVIL SERVICE ANONYMITY

1. Judicial Neutrality

2. Civil Service Anonymity

PROOF AND PRESUMPTION OF BIAS

1. Assumption of Bias

2. Proof of Bias and mala fides

3. Extension of the Principle of Direct Interest to Deputies

DOMESTIC TRIBUNALS AS DISPUTE RESOLUTION MECHANISM

1. What are Domestic Tribunals?

2. Bias in Disciplinary Proceedings

3. Mala fide punishment orders

EXAMPLES OF BIAS AND MALA FIDES IN SERVICE MATTERS

1. Charge-sheet in Departmental Enquiry with closed mindPresumption of Bias

2. Expert Body opinion in AppointmentInterference when

3. Bias and mala fides in compulsory retirement

4. Compulsory Retirement as punishmentMala fide

5. Reversion by way of punishmentTests

6. Reversion when reduction in rank

7. Mala fides in reversion

8. Mala fides in character roll entries

9. Reversion of a Temporary incumbent to original PostMala fide

10. Bias in termination of temporary service

11. Bias/Mala fides in promotion

12. Mala fides in refusal to give extension

13. Mala fides in Abolishing Post

14. Mala fides in Transfer order

15. In Contemplation of Disciplinary action 16. In Interview in Recruitment process

PRO-MANAGERIAL BIAS AND INDUSTRIAL ADJUDICATION

1. Natural Justice

2. Pro-Managerial Bias

3. Industrial Adjudication

TOLERATION OF BIAS AND THE DOCTRINE OF NECESSITY

1. Toleration of Bias

2. Doctrine of Necessity

3. Effect of Waiver

4. Application of Rule of Estoppel to plea of bias and mala fides

SAFEGUARDS AGAINST BIAS AND MALICE

1. Safeguards against Judicial Bias

2. Safeguards against Political Bias

3. Safeguards against Bias of Administrative Officers

JUDICIAL REVIEW OF EXECUTIVE AND LEGISLATIVE ACTIONS

1. Implication and Scope of Judicial Review

(i) General

(ii) Judicial Review of Executive Action

(iii) Judicial Review of Legislative Action

2. Abuse of Discretionary power

ADMINISTRATIVE PARTIALITY AND ABUSE OF POWER

1. Cases of Ministers

2. Cases of Civil Servants

REMEDIES FOR AGGRIEVED PERSON

1. Constitutional Remedies

2. Remedies under Administrative Tribunals Act, 1985 Jurisdiction

3. Civil Suit to Assail an Administrative OrderTenability

4. Remedies under the Specific Relief Act

5. Suit for Damages

6. Penal Remedies

7. Exercise of Administrative or Judicial Power

8. Transfer of case

9. Void and Voidable Decisions

10. Remedies by Public Servants

AMERICAN AND BRITISH TRENDS

1. Judicial Bias

2. Administrative Bias

BIAS AND MALA FIDES IN RELATION TO RULES OF NATURAL JUSTICE

1. Enumeration of Rules of Natural Justice and their concept

2. Aim of the Rules and Prohibition of Bias and Mala fides

DOCTRINE OF SUBJECTIVE AND OBJECTIVE SATISFACTIONS

1.General Statement of the position

2. Meaning of Subjective and Objective

3. Supreme Courts Elucidation

4. Grounds on which Satisfaction can be challenged

DISTINCTION BETWEEN MALICE IN LAW AND MALICE IN FACT

QUASI-JUDICIAL DECISIONS VIS- A -VIS BIAS AND MALA FIDES

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