Court Rules District Collector's Dual Role in Recruitment and Enquiry Breached Principle of "No Judge in Own Cause"; Orders Fresh Enquiry Excluding Her
In a significant judgment delivered on October 5, 2026, the Rajasthan High Court (Jaipur Bench) quashed the preliminary enquiry and subsequent proceedings related to alleged irregularities in the recruitment of Junior Assistants in Alwar district, citing violation of fundamental principles of natural justice. The court observed that the same officer who supervised the original recruitment process, after becoming the District Collector, ordered and initiated the enquiry into the same process. This amounted to a breach of the maxim nemo debet esse judex in propria sua causa - no one can be a judge in their own cause.
The writ petitions, filed by Virat Kumar and Rekha Rani Vyas, challenged the enquiry initiated by Smt. Artika Shukla, who, as the then Chief Executive Officer (CEO) of the Zila Parishad, Alwar, supervised the recruitment in 2013 and later, as District Collector, ordered the enquiry in 2025. The petitioners contended that this dual role created a reasonable apprehension of bias, violating the principles of fairness and impartiality enshrined in natural justice.
The Court extensively analyzed the legal doctrine that even administrative actions with civil consequences must adhere to procedural fairness and impartiality. It referred to landmark Supreme Court rulings, including Ashok Kumar Yadav v. State of Haryana (1985), which clarified that the issue is not whether actual bias existed but whether circumstances create a reasonable likelihood or apprehension of bias. The Court reiterated that justice must not only be done but must also appear to be done.
Further, the Court highlighted the essential principles of natural justice, such as the audi alteram partem rule (right to be heard) and the prohibition against bias. It noted that the enquiry initiated and supervised by the same person involved in the original recruitment breached these principles, rendering the entire enquiry and consequential proceedings invalid.
Consequently, the Court quashed the enquiry reports dated February 21 and June 17, 2025, and the related official communications. It directed the State government to conduct a fresh enquiry, excluding the respondent officer from any role in the process, and mandated that this exercise be completed expeditiously within four weeks from receipt of the certified copy of the order.
The judgment underscores the judiciary's unwavering commitment to upholding the principles of natural justice in administrative and quasi-judicial proceedings, emphasizing that fairness and impartiality are fundamental cornerstones of the rule of law.
Bottom Line:
Principles of natural justice - Preliminary enquiry into alleged irregularities in recruitment process vitiated where officer who supervised original recruitment, after becoming District Collector, ordered and initiated enquiry into same process - No one can be a judge in his/her own cause - Entire preliminary enquiry and consequential proceedings quashed - Matter remitted for fresh enquiry by State excluding said officer.
Statutory provision(s): Rajasthan Panchayati Raj Act, 1994 (Section 90)
Virat Kumar v. State of Rajasthan, (Raj)(Jaipur Bench) : Law Finder Doc Id # 3004122
