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ITAT Selection Set Aside for Bias: SC Orders Fresh Committee Without Tainted Member

Case Law Details

Case Name
Captain Pramod Kumar Bajaj Vs Union of India And Anr. (Supreme Court of India)
Date of Judgement/Order
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Captain Pramod Kumar Bajaj Vs Union of India And Anr. (Supreme Court of India) The Supreme Court found that the rejection of a top-ranked candidate for appointment as Member (Accountant), ITAT was vitiated by a reasonable apprehension of bias. One member of the fourth Search-cum-Selection Committee had earlier faced contempt proceedings at the instance of the petitioner in the very dispute over his appointment. In these circumstances, the officer’s participation in evaluating the petitioner violated the rule against bias and the principles of natural justice, as justice must not only be done...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,493

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