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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Sukh Sagar Avenue Welfare Association – Appellant
Versus
Punjab Education Development Board – Respondent
| Table of Content |
|---|
| 1. petitioner challenges cancellation of school agreements. (Para 1) |
| 2. court requires reasoning in quasi-judicial orders. (Para 2 , 3) |
| 3. impugned order lacks sufficient reasoning. (Para 4 , 5 , 6) |
| 4. insistence on reason facilitates judicial review. (Para 7) |
| 5. court orders fresh consideration of matter. (Para 8) |
JUDGMENT :
Vikas Bahl, J. (Oral)
1. Present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the office order dated 18.09.2020 (Annexure P-20) passed by respondent No.2, vide which respondent No.2 has cancelled the agreement regarding the running of three schools, which was entered into between the petitioner association and respondent No.1-Board. Challenge is also to the show-cause notice dated 12.11.2018 (Annexure P-2) issued by respondent No.2 as well as inquiry report dated 12.05.2020 (Annexure P-14). A further prayer has been made for issuance of a writ in the nature of mandamus for directing the respondents to release the bills/claims submitted by the petitioner association amounting to a sum of Rs.3.73 crores which has been due, to be paid by the respondent B
Quasi-judicial authorities must issue reasoned decisions for transparency and accountability, ensuring that justice is both done and perceived to be done.
The necessity of providing reasons in administrative decisions is crucial for ensuring accountability and facilitating judicial review.
Court emphasizes the necessity of providing reasons in judicial decisions to ensure transparency and prevent arbitrary actions.
Point of Law : It is no doubt true that if there was any provision to be found in impugned Act which prevented the Wage Board from giving reasons for its decision, it might be construed to mean that ....
A quasi-judicial authority must provide a reasoned order to ensure transparency and accountability in decision-making.
A mere recital of vague reasons would not be sufficient nor a matter like the present one where the aggrieved party has a right to know the reasons for the decision being taken either for or against ....
Disciplinary proceedings must adhere to principles of natural justice, requiring clear and reasoned outcomes, though procedural flaws must show substantial prejudice to negate authority findings.
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