Rule against bias
Bias is defined as an operative prejudice (partiality or preference) in relation to a party or issue. The bias could be conscious or unconscious.
- Also includes real likelihood of bias / reasonable suspicion of bias
- Personal bias occurs when there exists some relationship between the deciding authority and the parties which incline him favorably or unfavorably on the side of one of the parties before him.
- Relationship with the parties could occur by way of hostility or friendship.
- G N Nayak v Goa University and Others, (2002) 2 SCC 290: List of relationships between personal bias is not exhaustive.
- S N Jodhawat v University of Jodhpur, ILR (1981) 31 Raj 137
- Mineral Development Corporation Limited Vs State of Bihar, AIR 1960 SC 468
- Meenglas Tea Estate Vs Workmen, AIR 1963 SC 1719
- APSRTC Vs Satyanarayana Transports (P) Ltd, AIR 1965 SC 1303
- Ashwini Kumar v University of Delhi, AIR 2003 Delhi 304
- Dharam Pal v State of Haryana and Others, Criminal Appeal Jurisdiction, Criminal Appeal No. 85 OF 2016, Supreme Court of India judgement dated January 29, 2016
- Pecuniary bias is a bias in which any financial interest, however small, with or related to the parties, would vitiate administrative action.
- The deciding officer is directly or indirectly related to the subject-matter of the case
Departmental bias / Institutional bias
- The Department / Institution itself becoming the adjudicating authority would negate the concept of fairness in the administrative proceeding.
Preconceived notion bias
- The deciding officer has a per-conceived notion, feeling, liking or disliking in regard to the subject matter which forces him to give a specific judgement.
Bias on account of obstinacy / Doctrine of necessity
- Obstinacy means unreasonable and unwavering persistence and the deciding officer would not a 'no' for the answer.
- Doctrine of necessity: Bias would not disqualify an officer from taking an action if no other person is competent to act in his place.
Related Cases / Recent Cases / Case Law
- G N Nayak v Goa University and Others, (2002) 2 SCC 290: Bias is not found on reason and is actuated by self-interest - whether pecuniary or personal.
- G Sarana (Dr) v University of Lucknow, (1976) 3 SCC 585:AIR 1976 SC 2428