The importance of a reasoned and speaking order, compliance with principles of natural justice, and clarity on the amount due in certificate proceedings.

JUDGMENT :

(Sanjay Karol, J.)

1. Heard learned counsel for the parties.

2. Petitioner has prayed for the following relief(s):-

1. That this writ Application is being failed on behalf of the petitioner for quashing the entire certificate proceedings as far as relates to the petitioner arising out of certificate case no. 03 of 2016-17 including the order dated 30.07.2019 by which objection of the petitioner has been rejected and warrant of arrest has been issued against the petitioner by the Certificate Officer, Banka respondent No.-10. Without applying his judicial mind.

3. The impugned ten line order dated 30.07.2019 passed by Respondent No. 10, namely, the Certificate Officer, Banka cum Sub Divisional Officer, Banka in Certificate Case No. 03/16-17 (Annexure-4 series, Page-30) does not, in any manner, state the amount which is due and payable by the petitioner as a public demand. Also, what is the basis thereof is missing therein. In effect, it is a unreasoned order. Passing of the order entails both civil and penal consequences, for petitioner can be arrested, apart from paying the amount as demanded by the department without adjudication by the Adjudicating Authority.

4. As such, on this short ground alone, we quash and set aside the impugned order dated 30.07.2019 passed by Respondent No. 10, namely, the Certificate Officer, Banka cum Sub Divisional Officer, Banka in Certificate Case No. 03/16-17 (Annexure-4 series, Page-30) with the following directions:-

(a) Petitioner shall appear before Respondent No. 10, namely, the Certificate Officer, Banka cum Sub Divisional Officer, Banka on 16th of January, 2023 at 10:30 A.M., on which date the said officer shall fix a date for hearing of the matter;

(b) Liberty reserved to the parties to place on record additional material(s) in support of their contentions;

(c) Petitioner shall fully cooperate in the proceedings;

(d) The said officer shall pass a fresh order assigning reasons within a period of four weeks thereafter, copy whereof be supplied to the petitioner;

(e) The officer concerned shall pass a reasoned and speaking order after complying with the principles of natural justice;

(f) All consequential orders shall also stand quashed;

(g) Liberty reserved to the petitioner to challenge the order in accordance with law;

5. The petition stands disposed of in the aforesaid terms.

6. Interlocutory Application(s), if any, shall stand disposed of.