CWP-15551-2019 IN THE HIGH COURT OF PUNJAB & HARYANA 217 Gursharan Singh State of Punjab and others CORAM: HON'BLE MR. JUSTICE AMAN Present : Mr. Harbans Lal Sharma, Advocate for the petitioner. Mr. Charanpreet Singh, AAG, Punjab ***** AMAN CHAUDHARY, J. (ORAL) 1. Prayer made in the present petition for quashing the order of dismissal dated 30.06.2014 dated 31.08.2016 2. Learned counsel submits that the petitioner was working as a Clerk and had rendered 19 years of service, whereafter due to his mother suffering from whereafter an extension upto 06.11.2012 and thereafter from 07.11.2012 on medical grounds Annexure P1. Ev remained under treatment fit to join duties. absence of about disproportionate rendered 19 years 19 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-15551 Date of decision: Gursharan Singh Vs. State of Punjab and others HON'BLE MR. JUSTICE AMAN Mr. Harbans Lal Sharma, Advocate for the petitioner. Mr. Charanpreet Singh, AAG, Punjab ***** AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition for quashing the order of dated 30.06.2014 as also the order passed by the dated 31.08.2016. Learned counsel submits that the petitioner was working as a Clerk and had rendered 19 years of service, whereafter due to his mother from Typhoid applied for one day whereafter an extension upto 06.11.2012 and thereafter from 07.11.2012 on medical grounds as recommended by Medical Officers Even the petitioner got admitted remained under treatment from 17.11.2012 to 26.05.2013 fit to join duties. The punishment imposed of absence of about 01 month and 5 days from 21.11 and without taking into account rendered 19 years of unblemished service. He had 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 15551-2019 (O&M) Date of decision: 02.04.2025 … Petitioner … Respondents HON'BLE MR. JUSTICE AMAN CHAUDHARY Mr. Harbans Lal Sharma, Advocate for the petitioner. Mr. Charanpreet Singh, AAG, Punjab. Prayer made in the present petition for quashing the order of as also the order passed by the Appellate Authority Learned counsel submits that the petitioner was working as a Clerk and had rendered 19 years of service, whereafter due to his mother-in-law e day’s leave on 01.11.2012, whereafter an extension upto 06.11.2012 and thereafter from 07.11.2012 on as recommended by Medical Officers, Civil Hospital, Patti, admitted in Civil Hospital, Patti and 26.05.2013 when he declared dismissal from service for the 1 month and 5 days from 21.11.2012 to 27.12.2012, is account the fact that he had had filed an appeal appending Prayer made in the present petition for quashing the order of Learned counsel submits that the petitioner was working as a Clerk law leave on 01.11.2012, whereafter an extension upto 06.11.2012 and thereafter from 07.11.2012 on Civil Hospital, Patti, and or the is that he had ASHOK KUMAR 2025.04.03 12:19 I attest to the accuracy and integrity of this document CWP-15551-2019 therewith the medial certificate dated 07.11.2012 certificates (Annexure P2 colly (Annexure P4) followed by a representation dated 28.05.2013 join duties. It was also stated furnished to him and Rule 8 of Rule 8 Authority shows that none of the aforesaid issues less dealt with. Krushnakant B. Parmar vs. Union of India and another, 3. A perfunctory, mono contemplation of facts and circumstances of a case, stands contravention of Hon’ble the Supreme Court vs. Masood Ahmed Khan and Others 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 due process. 4. 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 effectively but prevents a revolving door of appeals to the same institution. 19 (O&M) therewith the medial certificate dated 07.11.2012 Annexure P2 colly) and a representation dated 27.05.2013 requesting to join duties after declared fit by the Doctor followed by a representation dated 28.05.2013, however join duties. It was also stated in para 18 that the copy of furnished to him and that it was also not conducted as per provisions of Rule 8 of the Punishment and Appeal uthority shows that none of the aforesaid issues lt with. Reliance is placed on the judgment Krushnakant B. Parmar vs. Union of India and another, A perfunctory, mono-linear disposition, bereft of proper contemplation of facts and circumstances of a case, stands 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 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 reasons while 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 effectively but prevents a revolving door of appeals to the same institution. 2 therewith the medial certificate dated 07.11.2012 (Annexure P1), medical and a representation dated 27.05.2013 requesting to join duties after declared fit by the Doctor however, he was not allowed to that the copy of enquiry report was not also not conducted as per provisions of Sub and Appeal Rules. The order of Appellate uthority shows that none of the aforesaid issues have been even noticed much Reliance is placed on the judgment passed in the case of Krushnakant B. Parmar vs. Union of India and another, 2012(2) SCT 572. linear disposition, bereft of proper contemplation of facts and 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 der 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 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. medical and a representation dated 27.05.2013 requesting to join duties after declared fit by the Doctor he was not allowed to y report was not Sub ppellate been even noticed much passed in the case of linear disposition, bereft of proper in brazen as eloquently expounded by M/s Kranti Associates Pvt. Ltd. And Another wherein it was 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 essence and virtually a part of the Administrative authorities are mandated to articulate the rationale scrutinising the case ASHOK KUMAR 2025.04.03 12:19 I attest to the accuracy and integrity of this document CWP-15551-2019 5. 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 affording an opportunity of hearing to him. 6. Disposed of accordingly. 02.04.2025 ashok Whether speaking Whether reportable 19 (O&M) As a fall out of the above, the impugned order dated set aside and the Appellate Authority is directed to consider the matte accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of affording an opportunity of hearing to him. Disposed of accordingly. Whether speaking : Whether reportable : 3 As a fall out of the above, the impugned order dated 31.08.2016 is directed to consider the matter afresh, accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of 6 months, after (AMAN CHAUDHARY) JUDGE Yes/No Yes/No is r afresh, accordance with law, taking note of the grounds taken in appeal filed by the months, after ASHOK KUMAR 2025.04.03 12:19 I attest to the accuracy and integrity of this document