Supreme Court of India
Amar Nath Chowdhury v. Braithwaite and Co. Ltd. and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid definition of the expression 'Board', the Board ...; could have constituted a committee of the Board/Management or any officers of the Company by excluding Chairman-cum-Managing Director of the Company and delegated any of its power, including the appellate power, to E such a committee to eliminate any allegation of bias against such an appellate authority.
Judgment, page 5
From the headnote
Service Law: Disciplinary Proceedings-Bias-Appeal against order of Disciplinary Authority-Disciplinary Authority also acting as Appellate Authority-Held, order of Appellate Authority vitiated on account of bias-Dual function permissible only when permitted by an act of legislation or statutory provision-Administrative Law-Bias. Disciplinary proceedings were initiated against appellant by the respondent-Company. Disciplinary Authority, who was the Chairman-cum- y --1 . Managing Director of the company, accepted the report oflnquiry Committee .• / and removed the appellant from service.
Where later benches applied it
Of those, 1 relied on
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