Decision Of Adjudicating Authority Can’t Be Doubted Merely Because It Is Govt Limb, Reliable Evidence Indicating Bias Is Must
Case: Philips India Limited v. State of Karnataka & Others
Coram: Chief Justice Alok Aradhe and Justice J M Khazi
Case No.: W.A. NO. 557 OF 2022
Court Observation: “There has to be reliable evidence to indicate that the authority adjudicating the objection is biased and the decision cannot be questioned merely because officer is a limb of the Government.”
“The appellate authority has complied with the direction issued by this Hon’ble Court and has ensured supply of one MRI machine out of total of 3 tesla MRI, 1.5 tesla MRI and 128 CT Scanners each which had been tendered. The appellate authority has in the aforesaid process of ensuring compliance with the orders of this court, has not adjudicated the issue raised by the appellant either with regard to irregularities in the tender or with regard to ineligibility of respondent No.4 on the ground that it is a company based in China. It is pertinent to mention here that the appeal before the Appellate Authority has been preferred after the filing of the affidavit dated 04.03.2022.”
“There is no material on record to infer any official bias on the part of the appellate authority and the same cannot be inferred merely because the appellate authority has complied with the directions contained in the order passed by the division bench of this court in a Public Interest Litigation.”
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