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2009 (1) TMI 924

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..... . The present appeal has been filed against the impugned order of the High Court of Gujarat at Ahmedabad, dated July 25, 2006 which was passed in Special Civil Application No. 6164 of 2002, whereby the High Court has dismissed the said application. FACTS : The appellant was a Judicial Officer who joined the Gujarat Judicial Service in 1991 and was posted as Civil Judge (Junior Division) at the .....

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..... s reply to this show-cause notice. Dissatisfied with the appellant's reply, the High Court decided that it would be appropriate to dismiss the appellant from service. By letter dated October 25, 2001, the High Court of Gujarat recommended to the State Government that the appellant be dismissed from service and accordingly an order was passed. The appellant, being aggrieved, filed Special Civi .....

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..... sciplinary Committee had suggested the appellant's dismissal on the basis of which the High Court of Gujarat made the subsequent recommendation to the State government. The decision made by the Disciplinary Committee was a vital component of the process by which the High Court of Gujarat made the recommendation to the State government for the dismissal of the appellant. It is therefore not pr .....

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..... of the fundamental principles of our jurisprudence is that no man can be a judge in his own cause. The question is not whether the judge is actually biased or has in fact decided partially but whether the circumstances are such as to create a reasonable apprehension in the mind of others that there is a likelihood of bias affecting the decision. If there is a reasonable likelihood of bias `it is i .....

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