An administrative tribunal, while acting quasi-judicially, has to give reasons for its findings.

LAKSHMI PRASAD, J. :-This petition under Article 226 of the Constitution has been referred to a Division Bench by one of us by his order dated 29-3-1967*. By this petition the petitioner prays for the quashing of the order of punishment dated 14-9-1965, Annexure-4, and the appellate order dated 29-12-1965, Annexure-6, by which the petitioner's appeal from the aforesaid order of punishment has been dismissed.

* Reported in AIR 1968 All 91.

2. The grounds that have been taken in the petition are all directed against the appellate order.

3. On the date on which certain charges were served on the petitioner he held the post of a Cabinman. The Assistant Operating Superintendent. Northern Railway, Moradabad, opposite party No. 2, served the charges, a copy of which is Annexure 2 to the petition. The petitioner submitted his explanation to those charges and a copy of the said explanation is Annexure 3 to the petition. After taking into consideration the explanation submitted by the petitioner, opposite party No. 2 passed the impugned order of punishment. In this order he mentions the charges and his findings thereon on the basis of which he passes the order of punishment but gives no reason for the findings recorded against the petitioner and for not accepting the explanation of the petitioner. A copy of the memorandum of appeal which the petitioner preferred from the order of punishment is Annexure 5. Opposite party No. 1 rejected the same by an order which is Annexure 6. It reads as below :-

"With reference to your appeal dated 23-10-65, addressed to DOS (M) against the orders of AOS (M) imposing the penalty of WIP for two years are hereby informed that DOS (M) has passed the following orders :

The appeal is rejected"

It is in these circumstances that the present petition has been filed with a prayer indicated above.

4. The petition is opposed by the opposite parties. We have heard the learned counsel for the parties.

5. There is no controversy about the fact that the punishment which has been imposed on the petitioner is a minor punishment being one of those provided in Clauses (i) to (iii) of sub-rule (1) of Rule 1707 of the Railway Establishment Code. Likewise it is also not in controversy that the procedure laid down in Rule 1716 of the Code had to be followed in the instant case. Clause (e) of sub-rule (2) of Rule 1716 provides that the record of proceedings in such case shall include the orders on the case together with the reasons therefor. As already stated the order of punishment, Annexure 4, fails to mention any reason for the findings recorded against the petitioner. So naturally the petitioner in the memorandum of appeal took it as one of the grounds that the order of punishment passed by opposite party No. 2 stood vitiated because of his failure to mention the reasons as required by Rule 1716. That the appeal had to be disposed of in accordance with Rule 1731 of the Code is again not in controversy Sub-rule (2) of Rule 1731 lays down the procedure to be followed in an appeal directed against an order imposing any of the minor penalties specified in Rule 1707. It says that in case of such an appeal.

"the appellate authority shall consider -

(a) whether the procedure prescribed in these rules has been complied with, and, if not, whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice :

(b) whether the findings are justified; and

(c) whether the penalty imposed is excessive, adequate or inadequate and after consultation with the Commission, if such consultation is necessary in the case, pass orders. . ."

The contention raised on behalf of the petitioner is that the order passed by opposite party No. 1 in appeal is bad in so far as he failed to comply with the requirement of sub-rule (2) of Rule 1731. The argument is that opposite party No. 1 failed to comply with the requirement of Rule 1731(2) in so far as he disposed of the appeal by an order consisting of four w