Summary
Liquor licensees sought transfer of pending excise appeals alleging bias, while the Commissioner sought expunction of the High Court’s personal strictures. The Supreme Court found no substantial basis for bias, refused transfer and expunged the remarks. It also set aside the anticipatory direction withholding effect from any future adverse order. The Commissioner was to decide the appeals independently, preferably within three months.
Issues
- Whether adverse ex parte orders and alleged oral directions established bias warranting transfer.
- Whether personal strictures against the Commissioner were necessary to decide the writ petitions.
- Whether the High Court could suspend future adverse orders in anticipation.
Held
- Bias against a quasi-judicial officer must rest on adequate substantial material. Adverse or ex parte orders alone do not establish it; alleged oral directions and remarks in a different pending case did not supply the necessary basis here. No transfer was justified. (¶¶ 43, 44, 45, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61)
- The impugned orders could be tested and set aside on legal grounds without unnecessary personal disparagement. The remarks and behavioural directions were not germane to deciding this dispute and were expunged. (¶¶ 37, 38, 65, 66, 67, 68, 69)
- The High Court could not pre-empt the appellate authority’s independent decision by staying the effect of an order not yet passed. An aggrieved party could pursue the appropriate remedy after an order was made; the anticipatory direction was set aside. (¶¶ 70, 71, 72, 73, 74, 75)
- The licensees’ appeals were dismissed with Rs.50,000 costs payable to Maharashtra. The Commissioner’s appeal was allowed, and the two pending appeals were to be decided on their merits without influence from either court’s observations, preferably within three months of receipt. No merits finding on the excise dispute was made. (¶¶ 62, 69, 76, 77, 78)
Result
Licensees’ appeals dismissed with Rs.50,000 costs to Maharashtra; Commissioner’s appeal allowed and strictures expunged; anticipatory direction set aside. Pending excise appeals to be decided independently, preferably within three months.