Question

Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause.”
Facts:
A, a driver of B, a Branch Manager of ABC Bank, was caught suspecting theft in the bank premises.
The Bank management instituted an enquiry and made B the enquiry officer.
Which of the following statements is correct?

• A. As B is a Bank Manager and not a judge, this principle is inapplicable.
• B. Since the suspected theft was in the bank premises, the manager is the only competent person to enquire. Hence, the principle is not applicable.
• C. Since B is the employer of A, B should not be conducting the enquiry on the basis of the given principle.
• D. The principle will be applicable only if the theft committed by A was in relation to the car.

Hint:

The principles of Natural Justice apply to all decision-making processes — not just courts. Always check for potential bias or conflict of interest before appointing an enquiry officer.

Answer 1

The Correct Option is C

Step 1: Understanding the Legal Principle
The principle of Natural Justice clearly states that no person should judge a matter in which they have a personal interest or connection — this ensures impartiality and fairness in decision-making.
Step 2: Linking the Facts with the Principle
In this case, B is not just an enquiry officer but also the employer of A. This relationship creates a direct conflict of interest because B may not be able to assess the case objectively.
Step 3: Evaluating Each Option
- Option 1: Incorrect — The principle applies beyond courts; it applies to any enquiry where impartiality is required. Being a bank manager does not exempt B.
- Option 2: Incorrect — Even if B is competent, the rule of natural justice overrides competency when there is a conflict of interest.
- Option 3: Correct — Since B is the employer of A, B’s personal connection violates the principle of “No one shall be a judge in his own cause.”
- Option 4: Incorrect — The applicability is not dependent on whether the theft was related to the car; it is based on the relationship between B and A.
Step 4: Conclusion
Given the facts and the principle, B should not conduct the enquiry because of the employer-employee relationship, which could compromise fairness.

\[ \boxed{\text{Since B is the employer of A, B should not be the enquiry officer.}} \]