Holding

Section 3 of the 1971 Act and its second proviso are constitutionally valid, the Estate Officer is not a judge in his own cause, and the appointment complies with the Allocation of Business Rules, leading to dismissal of the appeals.

Summary

Crawford Bayley & Co., a firm of advocates, challenged the termination of its tenancy in a bank‑owned building and the subsequent show‑cause notice issued by an Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The firm argued that Section 3 of the Act and its second proviso, which allow a statutory authority officer to be appointed as Estate Officer, violated Article 14 by making the officer a judge in his own cause, that the Maharashtra Rent Control Act, 1999 should prevail under Article 254(2), and that the appointment breached the Government of India Allocation of Business Rules, 1961. The Supreme Court held that the validity of Section 3 and its proviso had already been upheld, that the Estate Officer is not a judge in his own cause as there is no personal bias, and that the appointment is valid because the power to appoint has been decentralized by notification. Consequently, the appeals and writ petitions were dismissed.

Issues considered

The constitutional validity of Section 3 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and its second proviso under Article 14
Whether the Maharashtra Rent Control Act, 1999 prevails over the 1971 Act under Article 254(2) of the Constitution
Whether the appointment of the Estate Officer by the Ministry of Finance violates the Government of India Allocation of Business Rules, 1961
Whether the show‑cause notice issued under the 1971 Act is valid

Legislation cited

Constitution of Indias. Article 14, s. Article 254(1), s. Article 254(2), s. Article 77
Government of India (Allocation of Business) Rules, 1961
Maharashtra Rent Control Act, 1999
Public Premises (Eviction of Unauthorized Occupants) Act, 1971s. 3, s. 3(a) second proviso

Subjects

Public premises evictionSection 3Estate OfficerArticle 14Judge in his own causeAllocation of Business RulesMaharashtra Rent Control ActArticle 254

Judgment

A JWS. CRAWFORD BAYLEY AND CO. AND ORS.
v.
UNION OF INDIA AND ORS.

JULY 5, 2006

B [H.K. SEMA AND A.K. MATHUR, JJ.]

Public Premises (Eviction of Unauthorized Occupants) Act, 1971-
Section 3(n) Second proviso-Maharashtra Rent Control Act, 1999-Tenancy
C ofpublic premises-Notice for termination of tenancy-By Estate Officer under
1971 Act-Notice challenged questioning Constitutional validity of Section 3
and its proviso of 1971 Act and on the ground of appointment of Estate
Officer being contrary to Allocation of Business Rules-Dismissal of Writ.
Petition by High Court-On appeal, held: Constitutional validity of Section 3
has already been upheld by Supreme Court-Proviso to Section 3 is also not
D unconstitutional as the Estate Officer appointed by the concerned administrative
Department cannot be said to be judge in his own cause-Appointment of
Estate Officer was not contrary to Rules in view of decentralization of power
of its appointment-Direction to Estate Officer to dispose of the matter-
Constitution of India, 1950-Article 254(2)-Government of India Allocation
E of Business Rules, 1966.

The predecessor of respondent-Bank had leased out the premises to
the appellant-firm. By notice Bank terminated the tenancy of the firm.
Thereafter respondent-Estate Officer issued a show cause notice under
Public Premises (Eviction of Unauthorized Occupants) Act, 1971 for
F passing eviction order. The same was~challenged by filing Writ Petition
in High Court on the grounds inter alia that in view of Article 254(2) of
the Constitution, Maharashtra Rent Control Act, 1999 shall prevail over
the provisions of 1971 Act; that provisions of Section 3 of the 1971 Act
were violative of Article 14 of the Constitti~ion as it makes the Estate
Officer of the Statutory authority as a judge in his own cause; that
G appointment of the Estate Officer by Ministry of Finance was contrary
to Government oflndia Allocation of Business Rules, 1961 which provides
appointment of the Estate Officer by Ministry of Urban Development.
High Court rejected all the grounds and dismissed the petitions. Hence
the present appeals and Writ Petitions.

H 240
CRAWFORD BAYLEY AND CO. v. U.0.1. 241
An affidavit had been filed clarifying that authority to appoint Estate A
Officer by the Central Government was decentralized by a Notification
and all the Ministries/Departments have been authorized to appoint Estate
Officer under their respective administrative control.

Appellants contended that the second proviso to Section 3(a) of 1971
Act providing that an officer of a Statutory Authority shall only be B
appointed as an Estate Officer, would amount to a judge in his own cause.

It was submitted by Respondent-Central Government that the officer
who had been appointed as an Estate Officer would not be presiding over
as Estate Officer.
c
Dismissing the appeals and Writ petitions, the Court

HELD: 1. The validity of Section 3 of Public Premises (Eviction of
Unauthorised Occupants) Act, 1971 is no more res-integra and the same
has already been upheld. So far as second proviso to Section 3(a) is
concerned, it is not ultra vires of Art. 14 of the Constitution of India. It D
cannot be said that second proviso to Section 3(a) providing that an officer
of a Statutory Authority shall only be appointed as an Estate Officer in
respect of the public premises controlled by that authority, will amount
to a Judge in his own cause. (249-C-E)
E
Magan/a/ Chhaganlal (P) Ltd. v. Municipal Corporation of Greater
Bombay and Ors., (1974) 2 SCC 402 and Jn Re The Special Courts Bill, (1978]
1979 1 SCC 380, followed.

Accountant and Secretarial Services Pvt. Ltd. and Anr. v. Union ofIndia
and Ors., (1988) 4SCC 324, relied on. F
Northern India Caterers Private Ltd. and Anr. v. State of Punjab and
Anr. (1967) 3 SCR 399, referred to.

2.1. The Estate Officer appointed by the concerned administrative
department cannot be said to be a judge in his own cause. There is no G
personal bias of Estate Officer in these proceedings because he has no
personal interest. However, this will further depend upon facts of each
case and no generalization can be made. However, iri the present case,
there is n·o such bias and even there is remote chance after the statement
that the person appointed as Estate Officer would not be presiding over
H
242 SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A as Estate Officer. 1253-C-D]

2.2. f'or bringing into operation the doctrine 'no man can be a judge
in his own cause' certain parameters has to be observed i.e. a personal
bias of the person concerned or personal interest or person acted in the
matter concerned and has already taken a decision which he may be
B interested in supporting the same. These parameters have to be observed
before coming to the conclusion that ' no man can be a judge in his own
cause'. This is a matter of factual inquiry. [215-B-C)

Delhi Financial Corpn. and Anr. v. Rajiv Anand and Ors., (2004) 11
c sec 625, relied on.
3. Tile matter is not required to be prosecuted further in view of the
submission that the officer who has been appointed as an Estate Offker
though alleged to have been associated as an officer dealing with the
eviction matters will not be presiding over as an Estate Officer
D 4. It cannot be said that appointment of Estate Officer is in violation
of the Allocation of Business Rules, 1961. The rules of Business are
administrative in nature for governance of its business of Govt. of India
framed under Art. 77 of the Constitution of India. After the notification
authorizing all the Ministries/Departments to appoint Estate Officer in
E respect of Public Sector Undi,rtakings/Government Companies etc. under
their respective administrative control nothing survives as the power has
been decentralized for appointment of the Estate Officers and it has been
given to the Ministry concerned and the Public Sector Undertakings and
Government companies, etc. (251-E-F; 252-A-B)

F Dattatreya Moreshwar Pangarkar v. The State of Bombay and Ors.,
[1952) SCR 612, referred to.

CIVIL APPELLATE JllRISDICTION: Civil Appeal No. 171 of2004.

From the Judgment and Order dated 25.4.2003 of the High Court of
G Bombay in W.P. No. 3105/2002.
With C.A.No. 172 of2004, C.A.No. 5990 of2004, W.P. © 168 of2004
and W.P. (C) No. 211 of 2004.

Gopal Subramanium, Vikas Singh, A.S.G., P.N. Lekhi, Percy Gandhi,
H
CRAWFORD BAYLEY AND CO. v. U.0.1. [A.K. MATHUR, J.] 243
D.B. Engineer, R.N. Karanjawala, Nandini Gore, F. Karbhari, Manik A
Karanjawala, Debmalya Banerjee, Simran Brar, Jayant Mohan, E.C. Agrawala,
V.B. Joshi, M.V. Kini, Sanjay Kapur, Rajiv Kapur, Tushad Cooper, Shubra
Kapur, Arti Singh, Sameer Bansal, Lokesh Kumar, M.K. Garg, Rameswar
Prasad Goyal, Arvind Kumar, Laxmi Arvind, Poonam Prasad, Niraj Sharma,
S. Wasim A. Qadri, V.K. Verma, Mohit Kumar,_ Chandra Prakash and Ritu B
Raj for the appearing parties.

The Judgment of the Court was delivered by

A.K. MATHUR, J. All these appeals & writ petitions raise similar
question of law, therefore they are disposed off by this common order.
c
For the convenient disposal of these matter, the facts given in the Civil
Appeal No. 171/2004 are taken into consideration.

This appeal is directed against an order passed by the Division Bench
of the Bombay High Court in Writ Petition No. 3105/2002 on 25th April,
2003 whereby the High Court of Bombay dismissed the Writ Petition and D
held that in view of the certain proposition of law laid-down by the apex
Court none of the argument raised by the party is sustainable and accordingly
dismissed the writ petition.

The appellant No. I is a firm of Advocates and solicitors whereas E
appellant Nos. 2 & 3 are its partners. The appellants moved this writ petition
before Bombay High Court under Article 226 of the Constitution of India for
striking down the provisions of Section 3 of the Public Premises (Eviction of
unauthorized occupants) Act, 1971 (hereinafter referred to as the said Act,
1971) on the ground that it is violative of Article 14 of the Constitution of
India. They also sought an order for quashing of the termination of tenancy F
dat~d 17th April, 2002 issued by the respondent No. 2 as also a show cause
notice dated 3rd October, 2002 issued by the respondent No. 2 under the
provisions of the said Act.

The appellants also claimed a writ of prohibition prohibiting the G
respondent No. 2 (Estate Officer) from proceeding with Case No. 3 of 2002
initiated by him. The respondent No. 3, the State Bank of India owns a
building in Fort, Mumbai. According to the appellants the management of the
Imperial Bank which was the predecessor of respondent No. 3 State Bank of
India (hereinafter referred to as "the Bank leased out the premises to appellant
No. I in 1943. The ground floor and the second floor of the said building is H
244 SUPREME COURT REPORTS ·[2006] SUPP. 3 S.C.R.

A occupied by the respondent no. 3 - Bank. The lease granted in favour of the
appellants was renewed from time to time and it was last renewed till 1973.
But after that same was not renewed. But by notice dated 6th January, 2000
respondent No.3 terminated the tenancy of the appellant No. I on the ground
that it requires the premises to accommodate their Capital Market Branch,
B Personal Bank Branch and other branches. But subsequently on 17th April,
2002, the termination notice dated 6th January, 2000 was withdrawn.
Thereafter, another notice dated 17th April, 2002 was given terminating the
tenancy at the end of calendar month next to the calendar month in which the
notice was received by the appellant no. I. Several reasons were given for
termination of the tenancy. Thereafter the respondent No. 2 issued a show
C cause notice under sub-section (!) and clause (b)(ii) of sub-section (2) of
Section 4 of the Act, 1971 to the appellant No. I to show cause why the order
of eviction should not be passe:d against them. This show cause notice issued
by respondent No. 2 was challenged by filing present writ petition.

The appellant raised five grounds before the High Court: first the
D provisions of the Maharashtra Rent Control Act, 1999 (hereinafter referred to
as the Maharashtra Rent Act) shall prevail over the provisions of the said Act
of 1971 in view of Article 254 (2) of the Constitution of India as the
Maharashtra Rent Act applies to all premises belonging to the respondent and
therefore, the appellant No. I is a protected tenant under the provisions of the
E Maharashtra Rent Act and the order of eviction for the appellant No. I
cannot bi~ made. It was submi1ted that the Mahrashtra Rent Act is a law made
by the Legislature of the State in respect of matters enumerated under the
Concurrent List i.e. Entries 6 and 46. The public premises Act, 1971 is an
earlier law made by the Parliament under the Concurrent List i.e. Entry 6. It
was submitted since it was reserved for the assent of the President of India
F as it contained the repugnant provisions to the earlier law made by the
Parliament. Therefore, the later Act, i.e., The Maharashtra Rent Act having
been reserved and having received an assent of the President of India, would
prevail over the Act, 1971.

The second submission was that the provisions of Section 3 of the
G Public Premises Act are violative of Article 14 of the Constitution of India
as it makes the Estate Officer of the statutory authority as a Judge in his own
cause. Thirdly, it was submitted that the show cause notice is violative of the
guildelines issued by the Central Government from time to time. Fourthly, it
was submitted that the Government of India Allocation of Business Rules
H 1961 allots the powers of the Central Government to appoint Estate Officer
CRAWFORD BAYLEY AND CO. v. U.0.1. [A.K. MATHUR, J.) 245

under the provisions of the Act to the Ministry of Urban Development and A
not to the Ministry of Finance. Therefore, the order appointing the respondent
No. 2 as Estate Officer was made by the Ministry of Finance and not by the
Ministry of Urban Development. Therefore it is contrary to the rules of
Allocation of Business. Fifthly and lastly it was submitted that the respondent
No. 2 was appointed as an Estate Officer by order dated 24th June, 2002
which refers to the notification dated 29th July, 1988. It was submitted that B
the notification dated 29th July, 1988 had been superceded by the notification
dated 25th January, 1993, therefore appointment is bad and without
jurisdiction.

All these contentions were considered by the Division Bench and rejected C
on the basis of the decision given by this Court from time to time.

Aggrieved against this order passed by the Division Bench the present
S.L.P. was preferred.

Leave was granted in these petitions & now finally appeals have come
up for final disposal. D
The first and the foremost question raised before this Court was validity
of Section 3 of the Act of 1971. It is suffice it to say that the validity of
Section 3 had already been upheld by this Court to which we will refer later
however our special attention was drawn to the second proviso to Section
3(a) of the Act, 1971, Section 3 of the Act of 1971 reads as under: E
"3. Appointment of Estate Officers-The Central Government may,
by notification in the Official Gazette -
(a) appoint such person, being Gazetted Officers of Government or of
the Government of any Union Territory or officers of equivalent rank
of the Statutory Authority, as it thinks fit, to be Estate Officers for the F
purposes of this Act;
Provided that no officer of the Secretariat of the Rajya Sabha shall be
so appointed except after consultation with the Chairman of the Rajya
Sabha and no officer of the Secretariat of the Lok Sabha shall be so
appointed except after consultation with Speaker of the Lok Sabha: G
Provided further that an officer of a Statutory Authority shall only be
appointed as an Estate Officer in respect of the public premises
controlled by that authority; and
(b) define the local limits within which, or the categories of public H
246 SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A premises in respect of which, the Estate Officers shall exercise the
powers conferred, and perform the duties imposed, on Estate Officers
by or under this Act."

In this connection it may be mentioned here that the first case which
arose before this Court was the case: of Northern India Caterers Private Ltd.,
B & Anr. v. State of Punjab & Anr., reported in [1967]3 SCR 399. In that case
the majority view was that a law prescribing two procedures one ;nore drastic
or prejudicial to the party than the other and which can be applied at the
arbitrary will of the authority, is violative of Art 14 of the Constitution. This
case subsequently came up for consideration before this Court again in the
C case of Magan/al Chhaganlal (P) Ltd. v. Municipal Corporation of Greater
Bombay and Ors., reported in [1974] 2 SCC 402. In that case the majority
view was overruled by the majority. The case of Magan/al (Supra) was a
Seven judges Bench case in which four judges; Hon. Mr. A.N. Ray, CJ, Hon.
Mr. Palekar, Hon. Mr. Mathew & Hon. Mr. Alagiriswami overruled by
Majority and held:
D
"The argument based on the availability of two procedures, one more
onerous and harsher than the other, and therefore, discriminatory has
led to the apparently more onerous and harsher procedure becoming
the rule, the resort to the ordinary civil court being taken away
altogether. It is difficult to imagine who benefits by resort to the
E ordinary civil courts being barred. It is difficult to reconcile oneself
to the position that the mere possibility of resort to the civil court
should make invalid a procedure which would otherwise be
constitutionally valid.

Where a statute providing for a more drastic procedure different from
F the ordinary procedure without any guidelines as to the class of cases
in which either procedure is to be resorted to, the statute will be hit
by Article 14. Even there, a provision for appeal may cure the defect.
Further, in such cases, if from the preamble and surrounding
circumstances, as well as the provisions of the statute themselves
G explained and amplified by affidavits, necessary guidelines could be
infmed, the statute will not be hit by Article 14. Then again where
the statute itself covers only a class of cases, the statute will not be
bad. The fact that in such cases the executive will choose which cases
are to be tried under the special procedure will not affect the validity
of the statute. Therefore, the contention that the mere availability of
two procedures will vitiat1~ one of them, that is the special procedure,
CRAWFORD BAYLEY AND CO. v. U.0.1. (A.K. MA THUR, J.] 247
is not supported by reason or authority. A
The statutes themselves in the two classes of cases before the Court
clearly lay down the purpose behind them, that is that premises
belonging to the Corporation and the Government should be subject
to speedy procedure in the matter of evicting unauthorized persons
occupying them. This is a sufficient guidance for the authorities on B
whom the power has been conferred. With such an indication clearly
given in the statutes, one expects the officers concerned to avail
themselves of the procedures prescribed by the Acts and not resort to
the dilatory procedure of the ordinary civil courts.

It would be extremely unreal to hold that an administrative officer C
would in taking proceedings for eviction of unauthorized occupants
of Government property or Municipal Property resort to the procedure
prescribed by the two Acts in one case and to the ordinary ci vii Court
in the other. The provisions of these two Acts cannot be struck down
on the fancilful theory that power would be exercised in such an D
unrealistic fashion. In considering whether the officers would be
discriminating between one set of persons and another, one has got
to take into account normal human behaviour and not behaviour which
is abnormal.

It is not every fancied possibility of discrimination but the real risk E
of discrimination that must be taken into account. Discrimination
may be possible but is very improbable. And ifthere is discrimination
in actual practice the Supreme Court is not powerless. Furthermore,
the fact that the Legislature considered that the ordinary procedure is
insufficient or ineffective in evicting unauthorized occupants of
Government and Corporation property and provided a special speedy F
procedure therefore is a clear guidance for the authorities charged
with the duty of evicting unauthorized occupants.

'Therefore, it is not possible to agree with the majority in the Northern
India Caterers' case ..... "
G
Thereafter this proposition again came up for consideration in the case
of In Re The Special Courts Bill, 1978 reported in [1979] 1 SCC 380 in
which their Lordships referred to the case of Magan/al Chhagganlal (Supra)
and did not differ from the majory view of the Magan/al Chhagganlal's case
(Supra). In para 70 the relevant portion of the case reads as under:
H
248 SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A "This analysis will be incomplete without reference to a recent decision
of this Court in Magan/al Chhagganlal (P) Ltd. v. Municipal
Corporation ofGreater Bombay. In that case two parallel procedures,
one under Chapter VA of the Bombay Municipal Corporation Act,
1888 and the other under the Bombay Government Premises (Eviction)
Act, 1955 were available for eviction of persons from public premises.
B The constitutional validity of the relevant provisions of the two Acts
was challenged on the ground that they contravened Article 14, since
the procedure prescribe:d by the two Acts was more drastic and
prejudicial than the ordinary procedure of a civil suit and it was left
to the arbitrary and unfottered discretion of the authorities; to adopt
c suc:h special procedure against some and the ordir:ary remedy of civil
suit against others. It was held by this Court that where a statute
providing for more drastic procedure different from the ordinary
procedure covers the whole field covered'by the ordinary procedure
without affording any guide-lines as to the class of cases in which
either procedure is to be resorted to, the statute will be hit by Art. 14.
D However, a provision for appeal could cure the defect and if from the
preamble and the surrounding circumstances as well as the provisions
of the statutes themselves, explained and amplified by affidavits,
necessary guidelines could be spelt out, the statute will not be hit by
A11icle 14. On the merits of the procedure prescribed by the two Acts
E it was held by the Court that it was not so harsh or unconscionable
as to justify the conclusion that a discrimination would result if resort
to them is had in some cases and to the ordinary procedure of Civil
Courts in others. By a separate but concurring judgment two of us,
namely, Bhagwati, J., and V.R. Krishna Iyer, J., held that it was
inevitable that when a special procedure is prescribed for a defined
F class of persons, such as occupiers of municipal or government
premises, discretion which is guided and controlled by the underlying
policy and purpose of the legislation has necessarily to be vested in
the administrative authority to select occupiers of municipal or
government premises for bringing them within the operation of the
G special procedure. Th'e learned Judges further observed that minor
differences between the special procedure and the ordinary procedure
are not sufficient for invoking the inhibition of the equality clause
and that it cannot be assumed that merely because one procedure
provides the forum of a regular court while the other provides for the
forum of an administrative tribunal, the latter is necessarily more
drastic and onerous than the former. Therefore, said the learned Judges,
CRAWFORD BAYLEY AND CO. v. U.0.1. [A.K. MATHUR, J.] 249

whenever a special machinery is devised by the Legislature entrusting A
the power of determination of disputes to an authority set up by the
Legislature in substitution of regular courts of law, one should not
react adversely against the establishment of such an authority merely
because of a certain predilection for the prevailing system of
administration of Justice by courts of law. In the context of the need B
for speedy and expeditious recovery of public premises for utilisation
for important public uses, where dilatoriness of the procedure may
defeat the very object of recovery, the special procedure prescribed
by the two Acts was held not to be really and substantially more
drastic and prejudicial than the ordinary procedure of a Civil Court.
The special procedure prescribed by the two Acts, it was observed, C
was not so substantially and qualitatively disparate as to attract the
vice of discrimination."

So far as the validity of the provision of the Act, 1971 is COQCerned,
this is no more res-integra. However, learned counsel submitted that the
proviso is ultra vires of Art. 14 of the Constitution of India. The public D
premises Act 1971, was amended in 1980 by Act No. 61 of 1980 ·and the
aforesaid proviso as quoted above was inserted, it specially provided that an
officer of a Statutory Authority shall only be appointed as an Estate Officer
in respect of the public premises controlled by that authority. It is submitted
that this will amount to a Judge in his own cause and therefore, this proviso E
should be struck-down. Jn this connection, learned counsel have drawn our
attention to the following cases:

(I) [ 1988] 4 SCC 324 :Accountant and Secretarial Services Pvt. Ltd.
and Anr. v. Union of India and Ors.

(2) [2004] 11 SCC 625: Delhi Financial Corpn. and Anr. v. Rajiv f
Anand And Ors.

(3) [1974] 2 SCC 402: Magan/al Chhaganla/ (P) Ltd. v. Municipal
Corporation of Greater Bombay and Ors.

So far as the validity part is concerned, it has already been pointed out G
that Northern India Caterer's case has not been followed by the subsequent
decision of this Court and the validity of Section 3 has been upheld. But the
question in the present case is with regard to proviso. In this connection, a
reference was made to a case of Accountant and Secretarial Services Pvt.
Ltd. and Anr. v. Union of India and Ors., reported in [1988] 4 SCC 324 and
they tried to take a benefit of an observation made therein that though the H
250 SUPREME COURT REPORTS (2006] SUPP. 3 S.C.R.

A bank is a corporation wholly owned and controlled by the Government, it has
a distinct personalilty of its own and its property cannot be said to be the
property of the Union. In this case, Hon'ble S. Ranganathan, J who wrote the
leading judgment exhaustively considered all the submissions and held in no
certain terms that this Act is applicable to the premises of the Bank.

B In this case, the question arose whether the public premises (Eviction
of Unauthorised Occupants) Act, 1971 will prevail over the West Bengal
Premises Act, 1956 and the West Bengal Public Land (Eviction of
Unauthorized Occupants) Act, 1962. It was argued that since eviction from
premises of Central Statutory corporation owned or controlled by Government,
C like nationalized bank in the Stat<: of West Bengal is sought therefore both
these Acts will govern. In that connection, Hon. Sh. Ranganathan J. observed
as under:

"The present case is clearly governed by the primary rule in Article
254( 1) under which the law of Parliament on a subject in the
D Concurrent List prevails over the State law. Article 254(2) is not
attracted because no provision of the State Acts (which were enacted
in 1956 and 1962) were repugnant to the provisions of an earlier law
of Parliament or existing law. The fact that the 1956 Act was enacted,
after being reserved for the President's assent is, therefore, immaterial.
Even if the provisions of the main part of Article 254(2) can be said
E to be somehow applicable, the proviso, read with Article 254(1)
reaffirms the supremacy of any subsequent legislation of Parliament
on the same matter even though such subsequent legislation does not
in terms amend, vary or repeal any provision of the State legislation.
The provisions of the 1971 Act will, therefore, prevail against those
F of the State Acts and were rightly invoked in the present case by the
respondent-Bank."

Therefore, His Lordship has held that the premises of bank shall also
be governed by the provisions of the Act, 1971. In view of the decision of
this Court, the argument made by the appellant has no legs to stand.
G
In this connection, a reference was made to a case of Delhi Financial
Corpn. and Anr. v. Rajiv Anand And Ors., reported in [2004] 11 SCC 625
with regard to personal bias i.1:. an officer of the Statutory Authority has been
appointed as an Estate Officer, therefore, they will carry their personal bias.
However, this Court in the aforesaid case held that a doctrine 'no man can
H be a judge in his own cause' can be applied only to cases where the person
CRAWFORD BAYLEY AND CO. v. U.0.1. [A.K. MATHUR, J.) 251
concerned has a personal interest or has himself already done some act or A
taken a decision in the matter concerned. Merely because an officer of a
corporation is named to be the authority, does not by itself bring into operation
the doctrine, "no man can be a judge in his own cause". For that doctrine to
come into play it must be shown that the officer concerned has a personal
bias or connection or a personal interest or has personally acted in the matter B
concerned and /or has already taken a decision one way or the other which
he may be interested in supporting.

In view of the aforesaid observation made by this Court that 'no man
can be a judge in his own cause' certain parameters has to be observed i.e.
a personal bias of the person concerned or personal interest or person acted C
in the matter concerned and has already taken a decision which he may be
interested in supporting the same. These parameters have to be observed
before coming to the conclusion that 'no man can be a judge in his own
cause'.

This is a matter of factual inquiry. Be that as it may. Mr. Gopal D
Subramanian learned Addi. Solicitor General of India with his usual fairness
has submitted that the officer who has been appointed as an Estate Officer
though alleged to have been associated as an officer dealing with the eviction
matters will not be presiding over as an Estate Officer. Therefore, in view of
this submission made by Mr. Subramanian we do not think that the matter is
required to be prosecuted further. E
It was next contended with reference to the allocation of Business
Rules that the Central Government in the urban department can appoint an
Estate Officer but in the present case, finance department has appointed an
Estate Officer which is in violation of the Allocation of Business Rules, F
1961. Though the division bench dealt with this aspect exhaustively in its
judgment & held that the provisions of the Business Rules are not mandatory
and will not vitiate the appointment, we fully agree that the rules of Business
are administrative in nature for governance of its business of Govt. of India
framed under Art. 77 of the Constitution oflndia. In this connection, Division
Bench referred to the decision of this Court; Dattatreya Moreshwar Pangarkar G
v. The State of Bombay and Ors. reported in [1952] SCR 612. There an
analogous Rules of business framed by the State under Art. 166 of the
Constitution of India came up for consideration and it was observed that they
are director and no order will be invalidated, if there is a breach thereof.
However, the division bench has also gone into the history how the nationalized H
252 SUPREME COURT REPORTS (2006] SUPP. 3 S.C.R.

A banks came under the department of Economic Affairs, etc. which is a larger
part of the Ministry of Finance. Be that as it may, it appears that the correct
facts were not brought to the notice of the division bench, but now before us
an affidavit has been filed by the Deputy .Director of Estates, Urban
Development, Deptt. of Directorate of Estates and in that he has clarified in
B para 4 that the authority to appoint Estate Officer by the Central Government
was decentralized with effect from 1.1.1973 vide office Memorandum
No.21012(8)72-Po.I dated 29.11.1972. By the said memorandum all Ministries/
Departments have been authorized to appoint Estate Officer in respect of
Public Sector Undertakings/Government Companies, etc. under their respective
administrative control. And the copy of the same was placed on record. This
C memorandum dated 29th Novembe1r, 1972 was issued by the Deputy Director
of Estates, Government of India, Ministry of Works & Housing. By this
notification the power has been decentralized. The relevant provisions of the
Office Memornndum reads as under:

"Hitherto, notification regarding appointment of estate officers of
D Central Government departments autonomous bodies, Government
companies, etc. had been issued centrally by this Ministry but it has
been found that with the inclusion of the premises of the Corporation
Companies within the purview of the above Act, the number of
requests for appointment of Estate Officers has considerably increased.
The matter has, therefore, been reviewed and it has been decided that
E such notifications, with effect from 1 1.1973, be issued by the
Ministries/Departments concerned themselves even in respect of the
public sector undertakings/Government Companies, etc. under their
respective administrative control. In so far as the requests for
appointment of estate officers already pending with this Ministry or
F that may be received upto 31.12.1972 are concerned, necessary
notifications will be issued by this Ministry.

Whenever it is proposed to issue a notification the draft of the
proposed notification should be got vetted from the Ministry of law
and justice (legislative D1:ptt.) after the notification has been vetted
G by that Ministry, it should be got translated into Hindi from the
Official Language (legislative) Commission Indian Law Institute
Building, New Delhi and other after both the English and Hindi
versions sent to the General Manager Government of India Press,
Minto Road, New Delhi for publication in Part-II Section 3, sub-
section (ii) of the Gazette of India."
H
CRAWFORD BAYLEY AND CO. v. U.0.1. [A.K. MATHUR, J.] 253
After this notification, nothing survives as the power has been A
decentralized for appointment of the Estate Officers and it has been given to
the Ministry concerned and the Public Sector Undertakings and Government
, - companies, etc. Therefore this submission of learned counsel also does not
survive.

Lastly, with regard to the notifications dated 29th July 1988 and 25th B
January, 1993; suffice it to say that the matter has been exhaustively dealt
with by the High Court and nothing turns on that as the Presiding Officer in
the present case is gazetted officer i.e. the Assistant General Manager of the
State Bank of India. Therefore, nothing turns on that issue. More so, learned
counsel has already mentioned that the present officer who is presiding as an C
Estate Officer is also the Assistant General Manager of the Estates & Premises.

}- . . However, we may clarify that the Estate Officer appointed by the
concerned administrative department cannot be said to be a judge in his own
cause. This Court in the case of Delhi Financial Corpn. and Anr. v Rajiv
Anand and Ors., reported in (2004] 11 sec 625 has already laid down D
parameters. Applying those parameters we hold that there is no personal bias
of Estate Officer in these proceedings because he has no personal interest.
However, this will further depend upon facts of each case and no generalization
can be made. However, in the present case, there is no such bias & even there
is remote chance after the statement made by learned Addi. Solicitor General.
E
In this view of the matter, we do not find any merit in these appeals/
writ petitions hence, they are di~missed. The Estate Officer may now proceed
and dispose of the matters expeditiously. No order as to costs.

K.K.T. Appeals and Writ Petitions dismissed.