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2003 DIGILAW 1028 (PAT)

Vijay Chandra Thakur v. State Of Bihar

2003-09-18

R.S.GARG

body2003
Judgment 1. Heard learned counsel for the parties. 2. The petitioner, in a departmental enquiry was found guilty and certain punishments were awarded against him. He challenged the order in a duly constituted appeal, the appellate order contained in Annexure-1 dismissed the appeal therefore, he has come to this Court inter alia submitting that the appellate order is apparently cryptic and cavalier and does not meet the requirements of a legal order, therefore, deserves to be quashed and the petitioner deserves to be fully exonerated of all the charges levelled against him on the ground raised in the writ application. 3. Learned counsel for the State protecting the order contained in Annexure-1 submits that the order is not cryptic but in fact was with application of mind and clearly says that the appeal memo and the grounds raised in the same was considered at the appellate level and finding that nothing new was in appeal the appellate authority was justified in dismissing the appeal. 4. Annexure-1 reads that the facts mentioned in the appeal memo dated 6.7.1998 were considered at the departmental level and after finding that those were considered in full at an earlier level and appropriate order of punishment had been issued the appeal deserve dismissal. 5. In the opinion of this Court Annexure-1 can not be termed to be a legal order. It sans reasons and from the order it does not appear that what facts persuaded the appellate authority to dismiss the appeal. 6. This Court had been repeatedly asking the appellate authority not to pass such orders. An appellate authority is obliged under the law to consider the case in details because even on the facts it is the final authority. An appellate authority is obliged to consider the charges levelled against the delinquent. The defence raised by him, the evidence produced during the course of the enquiry, the findings recorded by the disciplinary authority, the questions raised by the appellant before it, the grounds on which findings and quantum of punishment have been challenged and then record its own finding and decide the appeal. If the appellate authority fails in discharging its legal duties then the High Court would not protect such an order. 7. The order contained in Annexure-1 deserves to and is accordingly quashed. The petitioner is directed to appear before the appellate authority or on before 20th October, 2003. If the appellate authority fails in discharging its legal duties then the High Court would not protect such an order. 7. The order contained in Annexure-1 deserves to and is accordingly quashed. The petitioner is directed to appear before the appellate authority or on before 20th October, 2003. After receiving the copy of the order the appellate authority shall fix a date for hearing the petitioner. After giving due opportunity of hearing to the petitioner the appellate authority shall pass a speaking order in accordance with law and the observations above referred. 8. The petition to the extent indicated above is allowed.