LAW FOR ALL

Service matter - fresh appointment under direct recruit - Deputy Register selected and appointed as Registrar - in letter of appointment, it was typed as promotion and central pay scale was fixed as he adopted central pay scale while he was as Deputy registrar in the same institution - Disciplinary proceedings issued - found guilty of bias - challenged - Apex court held that The appellant-Institute when discovered that respondent No.1 was drawing salary in a higher scale of pay than the scale of pay to which he was entitled constituted a five-members Enquiry Committee to look into the matter headed by Dr.Balaveera Reddy. Though allegation of bias has been made against Dr.Balaveera Reddy, no allegation has been made against rest of the four Members of the Committee. Even the other members were not impleaded as a party. In this background, it was not open for the High Court to give finding of bias against one or other member of the Committee, who decided the issue pursuant to which the notice was issued to respondent no.1. The Division Bench of the High Court while wrongly held that the enquiry was tainted with bias, erred in holding that respondent no.1 was entitled to the Central scale of pay.= NATIONAL INSTITUTE OF TECHNOLOGY … APPELLANT VERSUS U. DINAKAR AND ANR. … RESPONDENTS = 2014 – June. Part -http://judis.nic.in/supremecourt/filename=41719