A S Misra's Law of Bias and Mala Fides

The book explains the law applicable to cases of Bias and Malafides, judicial as well as administrative, involving favouritism, prejudice, partiality, ill-will, spite, personal bias etc., by courts of law, domestic tribunals, Government, Ministers of Government, Administrative Officers, local authorities etc., when exercising a discretionary power vested in them by law.

The book also covers malafides of employers in labour and industrial cases. It gives the remedies that an aggrieved person can resort to under the law. Law, in the book, is stated not only in terms of propositions but at times explained for better comprehension by giving the factual setting in which it has been developed and applied.

The book deals with the topic in question in a manner that is unique. While Indian cases are comprehensively covered, English and some other foreign rulings which have been accepted by Courts in India as laying down the correct law, have also been included.

The learned author has divided the book into 22 chapters. It is novel in character, and the treatment by the author makes the subject palatable even to the ordinary layman.

• Cuttack Law Times :

The very presentation and the arrangement of the subject studded with the case-law point out the fact that the book is a must for every library. In conducting any domestic/departmental enquiry or proceeding, this book serves as a mariner's compass

• Gujarat Law Reporter :

On the whole the book is commendable, lucidly written and analytical. Every student of law as well as persons of the legal profession must read this book. He has also indicated the constitutional and other remedies provided in law in respect of decisions or orders vitiated by bias and malafides. The subject has been dealt with in an analytical manner with the aid of rulings of Indian courts as well as English and other foreign courts. The author quotes the memorable words of Addision on the need for impartiality in administering justice. "Justice discards party, friendship and kindred and is therefore represented as blind".

The present edition enjoys the benefit of enrichment of the textual material by the steady flow of cases on the subject. The book is the fruit of monumental learning and diligent research.

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