CWP-1575-2017 IN T 211 Priyanka State of Punjab an CORAM: HON Present : Mr. Mr. S AMAN CHAUD 1. Pray 13.12.2016 and 0 2. Lear petitioner in the s her daughter, age aged 5 years op imposition of m grounds, but the dismissing it, assi 3. This observed that a si for ex-gratia appo of the case, was v 17(O&M) IN THE HIGH COURT OF PUNJ AT CHANDIGAR Versus njab and others HON'BLE MR. JUSTICE AMAN ***** Mr. RK Arora, Advocate for the peti Mr. Swapan Shorey, DAG, Punjab. ***** AUDHARY, J. (ORAL) rayer made in the present petition and 01.09.2016, whereby punishment Learned counsel submits that the p n the statutory appeal filed by her just er, aged 1 year, 9 months, suffering f ars operated upon her surgery, in w of milder punishment of stoppage ut the same have neither been referred t, assigning no reason. This Court in Ashok Kumar vs. Sta at a single line non-speaking order rej a appointment, passed without consid was violative of the principles of Natu - 1- PUNJAB & HARYANA IGARH CWP-1575-2017 (O&M) Date of decision: 23.01.2025 ....Petitione ...Respondent MAN CHAUDHARY he petitioner . etition is for quashing the orders date hment of dismissal has been imposed. the plea that had been taken by th er justifying her absence that includin ering from Thalassemia Major and so , in wake of which had prayed fo ppage of increments and other suc eferred to, much less considered whil vs. State of Haryana and Others1 ha der rejecting the claim of the petitione considering the facts and circumstance f Natural Justice. .2025 titioner ondents s dated osed. by the cluding and son yed for er such d while had titioner stances ASHOK KUMAR 2025.01.27 11:46 I attest to the accuracy and integrity of this document CWP-1575-2017(O&M) - 2- 4. Hon’ble the Supreme Court in M/s Kranti Associates Pvt. Ltd. And Another vs. Sh. Masood Ahmed Khan and Others,2 wherein it was held that the face of an order passed by a quasi-judicial authority or even an 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 reasons while passing an order, which are the essence and virtually a part of the due process. The principles, as relevant to the present case, laid down therein read thus: “a. In India the judicial trend has always been to record reasons, even in administrative decisions, if such decisions affect anyone prejudicially. b. A quasi-judicial authority must record reasons in support of its conclusions. c. Insistence on recording of reasons is meant to serve the wider principle of justice that justice must not only be done it must also appear to be done as well. d. Recording of reasons also operates as a valid restraint on any possible arbitrary exercise of judicial and quasi-judicial or even administrative power. e. xx xx xx f. Reasons have virtually become as indispensable a component of a decision making process as observing principles of natural justice by judicial, quasi-judicial and even by administrative bodies. xx xx xx l. Reasons in support of decisions must be cogent, clear and succinct. A pretence of reasons or ‘rubber-stamp reasons’ is not to be equated with a valid decision making process. xx xx xx” 5. Administrative authorities must record reasons for their decisions, to help to curb arbitrariness and ensure fairness in decision-making processes, which not only assists the Court in scrutinising the case effectively but prevents a revolving door of appeals to the same institution. 6. As a fall out of the above, it would be in the interest of justice to direct the respondents to consider the matter afresh, in accordance with law, taking ASHOK KUMAR 2025.01.27 11:46 I attest to the accuracy and integrity of this document CWP-1575-2017(O&M) - 3- note of the appeal filed by the petitioner and pass a reasoned order within a period of four months, after affording an opportunity of hearing to the petitioner. 7. Disposed of accordingly. (AMAN CHAUDHARY) JUDGE 23.01.2025 ashok Whether speaking/reasoned : Yes / No Whether reportable : Yes / No ASHOK KUMAR 2025.01.27 11:46 I attest to the accuracy and integrity of this document