Legal provisions involved: Article 32 of the Constitution; principles of natural justice (rule against bias); Article 14 (fair treatment).

Judgement by: Supreme Court of India

Judge/Bench: Justice Vikram Nath and Justice Sandeep Mehta

Facts

Captain Pramod Kumar Bajaj, a former Army officer and senior Income Tax officer, was selected on merit for appointment as a Member of the Income Tax Appellate Tribunal (ITAT). But for years, his appointment was blocked. He faced suspension, inquiries, and even compulsory retirement, which courts later said were unfair. 

In a new selection process, a senior officer who had earlier been involved in legal disputes with Bajaj was made part of the selection committee. That committee rejected Bajaj’s name.

Key legal provisions

Article 32 of the Constitution; principles of natural justice (rule against bias); Article 14 (fair treatment)

Issues raised

Whether the selection process was unfair because of bias, and whether the Supreme Court should step in directly?

Arguments of the case

Bajaj said the decision was driven by personal bias and revenge. The government did not strongly deny these claims.

Judgement

The Supreme Court said the process was clearly biased. It cancelled the committee’s decision and ordered a fresh selection without the concerned officer. The Court also fined the government for the unfair treatment.

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