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1998 DIGILAW 501 (ALL)

SHRI KRISHNA SINGH GOSAIN v. STATE BANK OF INDIA

1998-04-29

R.K.MAHAJAN, R.R.K.TRIVEDI

body1998
R. R. K. TRIVEDI AND R. K. MAHAJAN, JJ. ( 1 ) IN this petition, the petitioner has claimed relief for Issuance of a writ of certiorari quashing the order dated 26th of May, 1992 (Annexure-13) by which the appeal of petitioner against his non-promotion from Senior Manager Grade Scale III to IV has been rejected. The appeal of the petitioner was with regard to the period 1. 8. 1989 to 1. 8. 1990. ( 2 ) MR. K. Ajit learned counsel appearing for petitioner has assailed the order dated 22nd April, 1992 (Annexure-A to the supplementary counter-affidavit II) which was communicated to the petitioner on 26th of May, 1992, essentially on the ground that the appellate order violates the principles of natural Justice as no reasons have been assigned for dismissing the appeal. ( 3 ) MR. S. N. Verma learned senior counsel appearing for the respondent Bank has submitted that the Appellate Authority was not legally required to Indicate reason for non-promotion of the petitioner. He has further submitted that it was an order of affirmance passed by the Appellate authority agreeing with the view taken by the Initial authority, therefore, on this count too, the reasons were not required to be given. Learned counsel, for the aforesaid propositions, placed reliance on Union of India and another v. Samar Singh and others, (1996) 10 SCC 555 ; Major general I. P. S. Dewan v. Union of India, and others, (1995) 3 SCC 383 ; M/s. Fedco (P.) Ltd. and another v. S. N. Bilgrami and others, AIR 1960 SC 415 and State of Madras v. A. R. Srinivasan, AIR 1966 SC 1827 . ( 4 ) WE have considered the submissions of learned counsel for the parties. Normally reasons are not required to be given in cases of non-promotion for the simple reason that the authority acting administratively may have not found such person fit for promotion on the basis of materials produced before him bona fide of which may be ascertained from record. But where against such an order appeal is provided, it cannot be said that the same principle will apply to the appellate authority also. The purpose of providing right of appeal is to remove the possibility of error and arbitrariness. But where against such an order appeal is provided, it cannot be said that the same principle will apply to the appellate authority also. The purpose of providing right of appeal is to remove the possibility of error and arbitrariness. To preserve and maintain the purpose for which the provision of appeal Is made, It becomes necessary for the Appellate Authority to record reasons In brief, which clinched the issue of promotion against the petitioner. ( 5 ) IN our opinion, the principle of affirmance of the order will also not apply in such cases as there was no reasoned order available on record passed by the initial authority. Further, very peculiar feature of this case is that the appellate order is in a printed form which decides 4 appeals each having different set of facts. The appellate order reads as under : "the appeal (s) submitted by the undernoted official (s) has/have been duly considered by the appellate Authority. Having regard to the circumstances, the Appellate Authority is of the view that there is no ground for revising the decision already taken on this/these case (s ). Please advise the official (s) accordingly. " ( 6 ) IN our opinion, such a printed order deciding 4 appeals cannot be sustained for the simple reason that it does not deal separately even with regard to the factual aspect of each case. Inference may be drawn that the mind was not applied to the facts of the case. Thus, the appellate Authority has committed gross error in deciding the appeal of the petitioner, therefore, the Impugned order cannot be allowed to stand. The writ petition is accordingly allowed. Impugned order dated 22nd April, 1992 (Annexure-A to the supplementary counter-affidavit II)so far as it relates to the petitioner, is quashed. The Appellate Authority is directed to decide petitioners appeal afresh in accordance with law and in the light of the observations made above within a period of 2 months from the date of production of certified copy of this order. .