Supreme Court of India Justice P.D. Dinakaran v. Hon’ble Judges Inquiry Committee and Ors.

Can a committee member’s past public stand create a bias risk? The Supreme Court said a fair-minded observer could see a real likelihood of bias here. Still, because the objection was raised late, the petitioner had waived his right to object. Courts will not help petitions meant only to delay inquiries. To avoid doubt, the Court asked for another jurist to be nominated.

• Was Shri P.P. Rao’s inclusion enough to raise a reasonable apprehension of bias?
• Did the petitioner waive objection by raising it belatedly?

• Court will not assist a petition filed only to delay an inquiry.
• Real likelihood of bias test applies: Is there a real danger the decision-maker may favour or disfavour a party, seen by a fair-minded, informed observer?

The Court found that Shri P.P. Rao’s active public opposition to the petitioner’s elevation could create a reasonable apprehension of bias. Yet, since the petitioner knew of his inclusion much earlier and objected belatedly, he had waived the objection. The Court declined to aid delay but suggested that the Chairman nominate another jurist to keep the process smooth and credible.

Apply the real likelihood of bias standard from a fair-minded observer’s view. If objection is not raised promptly, it may be treated as waiver. Courts will not support tactics to delay an inquiry.

• Clarifies bias test for disciplinary and inquiry bodies.
• Stresses prompt objections; delay can defeat your claim.
• Protects inquiry efficiency—no court help for delay-only petitions.

1. Bias: Prior public stand can trigger reasonable apprehension.
2. Waiver: Late challenges risk being rejected.
3. No-delay aid: Courts resist stalling tactics.
4. Practical: Replace doubtful member to protect confidence.

Mnemonic: “See Bias, Speak Fast.”

• See: Use the fair-minded observer test.
• Bias: Look for real likelihood, not fantasy.
• Speak Fast: Object early—or risk waiver.

Issue: Whether inclusion of Shri P.P. Rao created reasonable apprehension of bias; whether late objection meant waiver.

Rule: Real likelihood of bias judged by a fair-minded observer; courts won’t aid delay-only petitions; objections must be timely.

Application: Prior public opposition = reasonable apprehension; but petitioner knew early and objected late → waiver.

Conclusion: Bias risk recognised, yet objection waived; suggest replacement to preserve inquiry integrity.

Reasonable Apprehension

A sensible, informed concern—not a mere suspicion—that the decision-maker may be biased.

Real Likelihood of Bias

A real danger that the decision-maker could favour or disfavour a party.

Waiver

Losing a right by not asserting it in time.

• Leading decisions on natural justice and the fair-minded observer test.
• Cases on waiver of procedural objections in disciplinary inquiries.

Reviewed by The Law Easy.