Table of Cases
CHAPTER 1
INTRODUCTION
1. Bias A component of Breach of Natural Justice 2. Natural Justice in Administrative or Disciplinary Jurisdiction 3. Administrative or Quasi-Judicial PowerDistinction 4. ImpartialityAncient and Recent
CHAPTER 2
MEANING OF BIAS AND MALA FIDES: CONCEPT AND
SCOPE OF LAW THEREON
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
CHAPTER 3
KINDS OF BIAS AND THEIR DESCRIPTION
1. General 2. Bias of the subject-matter 3. Pecuniary Bias 4. Personal Bias 5. Legislative Bias 6. Reasonable Likelihood of BiasVitiating Factor
CHAPTER 4
JUDICIAL BIAS AND TRADITIONS OF JUDICIAL IMPARTIALITY
1. Implications and Scope of Judicial Bias and Misbehaviour51 2. Attempts to influence judges: Contempt of court 3. Certain Types of Judicial Intemperance and Impropriety; Abuse of Judicial Power
CHAPTER 5
DOCTRINE OF JUDICIAL NEUTRALITY AND CIVIL SERVICE ANONYMITY
1. Judicial Neutrality 2. Civil Service Anonymity
CHAPTER 6
PROOF AND ASSUMPTION OF BIAS; NO MAN SHALL BE A JUDGE IN HIS OWN CAUSE
1. Assumption of Bias 2. Proof of Bias and mala fides 3. Extension of the Principle of Direct Interest to Deputies
CHAPTER 7
DOMESTIC TRIBUNALS: BIAS IN DISCIPLINARY PROCEEDINGS
1. What are Domestic Tribunals? 2. Bias in Disciplinary Proceedings 3. Mala fide punishment orders
CHAPTER 8
BIAS AND MALA FIDES IN OTHER 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
CHAPTER 9
OTHER CASES OF BIAS; PRO-MANAGERIAL BIAS; INDUSTRIAL ADJUDICATION
1. Natural Justice 2. Pro-Managerial Bias 3. Industrial Adjudication
CHAPTER 10
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
CHAPTER 11
SAFEGUARDS AGAINST BIAS AND MALICE
1. Safeguards against Judicial Bias 2. Safeguards against Political Bias 3. Safeguards against Bias of Administrative Officers
CHAPTER 12
JUDICIAL REVIEW OF EXECUTIVE AND LEGISLATIVE ACTIONS; ABUSE OF DISCRETIONARY POWER
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
CHAPTER 13
SOME UNREPORTED CASES OF ADMINISTRATIVE PARTIALITY AND ABUSE OF POWER
1. Cases of Ministers 2. Cases of Civil Servants
CHAPTER 14
REMEDIES AGAINST BIASED OR MALICIOUS ORDERS
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 PowerDe Facto Doctrine 8. Transfer of case 9. Void and Voidable Decisions 10. Remedies by Public Servants under the U.P. Public Services (Tribunals) Act, 1976
CHAPTER 15
AMERICAN TRENDS
1. Judicial Bias 2. Administrative Bias
CHAPTER 16
MISCELLANEOUS MATTERS
SECTION I
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
SECTION II
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
SECTION III
DISTINCTION BETWEEN MALICE IN LAW AND? MALICE IN FACT
SECTION IV
NOTE ON QUASI-JUDICIAL DECISIONS VIS- A -VIS? BIAS AND MALA FIDES
APPENDICES
App. I Explanation of some Words and Phrases App. II Abbreviations used SUBJECT INDEX