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Madhya Pradesh High Court · body

2004 DIGILAW 852 (MP)

Rajbahadur Singh v. State of Madhya Pradesh

2004-10-28

AJIT SINGH

body2004
Judgment ( 1. ) BY this petition, the delinquent employee has prayed for quashing of orders (Annexures A-14 and A-16) passed by the Disciplinary Authority and Appellate Authority respectively whereby he has been inflicted with a penalty of dismissal from service. ( 2. ) THE petitioner was working on the post of Sub-Inspector (Ministerial ). He was charge-sheeted. Six charges were levelled against the petitioner. The enquiry officer in his report found charge Nos. 1,2, 3,4 and 6 fully proved and charge No. 5 partially proved against the petitioner. The Disciplinary Authority, respondent No. 3, accepted the report of the enquiry officer and passed the order of punishment as mentioned above. The order of Disciplinary Authority is Annexure A-14. The Appellate Authority, respondent No. 2, also dismissed the appeal of the petitioner by order dated 20-1-1997 (Annexure A-16 ). ( 3. ) SHRI Ashish Pathak, learned Counsel for the petitioner, has submitted that the order (Annexure A-16), passed by the Appellate Authority, respondent No. 2, is not a speaking order and as such it is liable to be quashed. The learned Government Advocate has fairly conceded that the said order is not a speaking order. ( 4. ) IN Ram Chandra v. Union of India, AIR 1986 SC 1175, it has been held by the Supreme Court that the Appellate Authority discharging quasi-judicial functions in accordance with natural justice must give reasons for its decision. ( 5. ) IN view of the aforesaid, I quash the order (Annexure A-16), of the Appellate Authority (respondent No. 2) and direct it to reconsider the appeal of the delinquent employee on merits and thereafter pass a speaking order in accordance with law as early as possible but not later than a period of two months from the date of the receipt of the copy of this order. While doing so the Appellate Authority shall also consider the additional documents that may be filed by the petitioner in support of his appeal. ( 6. ) WITH the aforesaid direction, the writ petition is finally disposed of but without any order as to costs. C. C. as per rules.