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 ANDÂ 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 Â 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 Â 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
More Topics
- Basic Constitutional Principles
- Classification of Administrative Actions
- Delegated Legislation
- Natural Justice
- Administrative Tribunals
- Exclusion of Judicial Review
- Administrative Discretion and Judicial Review
- Judicial and Other Remedies
- Liability of the Government
- Public Corporations
- Public Interest Litigation
- Law of Suspension
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