Extracted from the PDF above. The PDF is authoritative.
CWP-7869-2025 CWP-7888-2025
IN THE HIGH COURT OF PUNJAB & HARYANA 148, 149
CWP-7869-2025 Charanjit Singh vs. State of Punjab and other
CWP-7888-2025 Mukesh Kumar Bhatia
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
***** Present : Mr.
Mr. Charanpreet Singh, AAG, Punjab ***** AMAN CHAUDHARY, J. (ORAL)
1.
These cases involve similar issues and therefore, are being
disposed of together.
2.
Prayer made in the present petitions is for quashing the charge sheet dated 28.09.2020, inquiry report dated 13.06.2022, punishment order dated 08.06.2023 and order passed by the Appellate Authority dated
24.07.2024.
3.
Learned counsel submits that petitioner had raised numerous grounds in the statutory non-speaking order.
4.
A perfunctory, mono contemplation of facts and contravention of Hon’ble the Supreme Court vs. Masood Ahmed Khan and Others 25 (O&M)
25 (O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:
25 (O&M) Singh vs. State of Punjab and others 25 (O&M) Mukesh Kumar Bhatia vs. State of Punjab and other HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Mr. Gaurav Rana, Advocate for the petitioner Mr. Charanpreet Singh, AAG, Punjab ***** AMAN CHAUDHARY, J. (ORAL) These cases involve similar issues and therefore, are being together. Prayer made in the present petitions is for quashing the charge sheet dated 28.09.2020, inquiry report dated 13.06.2022, punishment order dated 08.06.2023 and order passed by the Appellate Authority dated
Learned counsel submits that petitioner had raised numerous statutory appeal filed, however, it has been rejected by passing a speaking order. A perfunctory, mono-linear disposition, bereft of proper contemplation of facts and circumstances of a case, stands in brazen tion of principles of natural justice, Hon’ble the Supreme Court in M/s Kranti Associates Pvt. Ltd. And Another vs. Masood Ahmed Khan and Others, 2010(9) SCC 496
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 20.03.2025 vs. State of Punjab and others HON'BLE MR. JUSTICE AMAN CHAUDHARY , Advocate for the petitioners. Mr. Charanpreet Singh, AAG, Punjab. These cases involve similar issues and therefore, are being Prayer made in the present petitions is for quashing the charge- sheet dated 28.09.2020, inquiry report dated 13.06.2022, punishment order dated 08.06.2023 and order passed by the Appellate Authority dated
Learned counsel submits that petitioner had raised numerous appeal filed, however, it has been rejected by passing a linear disposition, bereft of proper circumstances of a case, stands in brazen principles of natural justice, as eloquently expounded by M/s Kranti Associates Pvt. Ltd. And Another , 2010(9) SCC 496, wherein it was These cases involve similar issues and therefore, are being sheet dated 28.09.2020, inquiry report dated 13.06.2022, punishment order dated 08.06.2023 and order passed by the Appellate Authority dated
Learned counsel submits that petitioner had raised numerous appeal filed, however, it has been rejected by passing a linear disposition, bereft of proper circumstances of a case, stands in brazen as eloquently expounded by M/s Kranti Associates Pvt. Ltd. And Another wherein it was ASHOK KUMAR 2025.03.24 16:12 I attest to the accuracy and integrity of this document
CWP-7869-2025 CWP-7888-2025
observed that the face of an authority affecting the rights of parties, must speak and must not be like the inscrutable face of a Sphinx. The authorities are under a legal obligation to give reasons while passing an order, which are the essence and virtually a part of the due process.
5.
Administrative authorities are mandated to articulate the rationale behind their decisions, ensuring transparency and fairness in the decision making process, which not on effectively but prevents a revolving door of appeals to the same institution.
6.
As a fall out of the above, the impugned order dated set aside and the in accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of 4 months, after affording an opportunity of hearing to him.
7.
Disposed of accordingly.
8.
Photocopy of this order be placed on the connected file.
20.03.2025 ashok
Whether speaking
Whether reportable 25 (O&M)
25 (O&M)
observed that the face of an order passed by a quasi authority affecting the rights of parties, must speak and must not be like the inscrutable face of a Sphinx. The authorities are under a legal obligation to give passing an order, which are the essence and virtually a part of the Administrative authorities are mandated to articulate the rationale behind their decisions, ensuring transparency and fairness in the decision making process, which not only assists the Court in scrutinising the case effectively but prevents a revolving door of appeals to the same institution. As a fall out of the above, the impugned order dated set aside and the Appellate Authority is directed to consider in accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of 4 months, after affording an opportunity of hearing to him.
Disposed of accordingly. Photocopy of this order be placed on the connected file.
Whether speaking
: Whether reportable
:
2
order passed by a quasi-judicial or administrative authority affecting the rights of parties, must speak and must not be like the inscrutable face of a Sphinx. The authorities are under a legal obligation to give passing an order, which are the essence and virtually a part of the Administrative authorities are mandated to articulate the rationale behind their decisions, ensuring transparency and fairness in the decision- ly assists the Court in scrutinising the case effectively but prevents a revolving door of appeals to the same institution. As a fall out of the above, the impugned order dated 24.07.2024 is
directed to consider the matter afresh, in accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of 4 months, after Photocopy of this order be placed on the connected file.
(AMAN CHAUDHARY)
JUDGE
Yes/No
Yes/No judicial or administrative authority affecting the rights of parties, must speak and must not be like the inscrutable face of a Sphinx. The authorities are under a legal obligation to give passing an order, which are the essence and virtually a part of the Administrative authorities are mandated to articulate the rationale ly assists the Court in scrutinising the case is r afresh, in accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of 4 months, after ASHOK KUMAR 2025.03.24 16:12 I attest to the accuracy and integrity of this document