A. K.

Kraipak
vs
Union Of India
 FACTS
• In 1966, a service called the Indian Forest Service was constituted, the
selection for which was to be made from among the officers serving in the
forest department of the state.

• Naquishbund, who was the acting Chief Conservator of Forests, was a

member of this selection board and was also a candidate for the selection
to the All India Cadre of Forest Service.

• Though he did not take part in the deliberations of the board, when his
name was considered and approved.
• Aggreived, the Gazetted officers association, J&K along with the interested
parties brought a petition to court challenging the selections notified as
being violative of Article 14 and 16 of the Constitution and further ground
that the selections in question were made in contravention of principles of
natural justice.
 ISSUES

• Assuming the proceedings in the present case are administrative in nature,

whether the principles of natural justice applied to administrative
proceedings?

• Whether there was a violation of such principles of natural justice?

 LAWS INVOLVED

• Section 3 of the All India Services Act, 1951 states that the Central
Government shall make rules for the regulation of recruitment and
conditions of service.

• The Indian Forest Service (Recruitment) Rules, 1966 were enacted in

accordance with the authority granted in Sections 3 and 4 of the Act.
 JUDGEMENT
• The court held that the selections made by the Selection Committee were
in violation of the principles of natural justice because there was a real
likelihood of a bias for the mere presence of the candidate on the Selection
Board may adversely influence the judgment of other members.

• The Supreme Court ruled in A.K. Kraipak v. Union of India (AIR 1970 SC
A) that a person who serves on a committee that selects candidates for a
job must not be a candidate for the job himself. The logic is that the judges
could be impartial and neutral.