Judgement Briefs

Administrative Law

S. Parthasarathi v. State of Andhra Pradesh

AIR 1973 SC 2701; (1974) 3 SCC 459

Citation
AIR 1973 SC 2701; (1974) 3 SCC 459
Court
Supreme Court of India
Date
20 September 1973
Bench
K.K. Mathew and A.K. Mukherjea, JJ.

Facts

  • A government servant faced disciplinary proceedings.
  • He alleged that the inquiry officer was biased.
  • The allegation was based on circumstances showing possible prejudgment or hostility.
  • The matter reached the Supreme Court.

Issue

  • What is the correct test for bias in administrative proceedings?

Rule

  • Actual bias need not be proved.
  • The test is whether there is a reasonable likelihood of bias.
  • The question is viewed from the standpoint of a reasonable person.
  • Justice must not only be done, but must appear to be done.

Application

  • The Court rejected the idea that bias requires proof of actual prejudice.
  • Actual bias is often impossible to prove because it exists in the mind of the decision-maker.
  • Therefore, law uses an objective test.
  • The Court asks whether the surrounding circumstances create a reasonable apprehension that the authority may not act impartially.
  • A mere vague suspicion is not enough.
  • But where facts show real possibility of prejudgment or personal involvement, the proceeding becomes unfair.
  • This protects public confidence in administrative justice.

Conclusion

  • The Supreme Court treated reasonable likelihood of bias as sufficient.
  • The case became an important authority on the Indian bias test.
  • Use this case for: you do not need to prove actual bias; reasonable likelihood is enough.