Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in…
The correct choice is: “Since B is the employer of A, B should not be conducting the enquiry on the basis of the given principle.” The rule against bias (nemo judex in causa…
Choose your answer
Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.
Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.
Which of the following statements is correct?
Answer and explanation
Correct answer C
The correct choice is: “Since B is the employer of A, B should not be conducting the enquiry on the basis of the given principle.”
The rule against bias (nemo judex in causa sua) applies to anyone who decides a matter affecting another, including a departmental enquiry officer, not only to judges. A is B’s own driver, so B has a personal connection with the person under enquiry and a likelihood of bias (for or against A). B is therefore disqualified from acting as enquiry officer; someone independent should be appointed.
“As B is a Bank Manager and not a judge, this principle is inapplicable.” is wrong because natural justice binds all authorities deciding disputes. Being the branch manager does not make B “the only competent person to enquire”, and the principle does not depend on whether the theft concerned the car.
Practice for these exams
-
CLAT UG