Back
ANAND SINGH BAHRAWAT
Chandan Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:-
^^7-1 ;g fd] vihy esa ikfjr vkns'k fnukad 5-3-2012 ,oa foÒkxh; tk¡p esa ikfjr vkns'k fnukad 24-11-2010 fujLr djus dh Ñik djsaA
7-2 ;g fd] çkFkÊ d¢ fgr esa vU; d¨Ã lgk;rk g¨ mls çnku djsaA**
2. Learned counsel for the petitioner submits that prior to imposing the major penalty of withholding two increments with cumulative effect, the Disciplinary Authority failed to consider the reply dated 20.8.2010 (Annexure P/20). It is further submitted that without dealing with the facts and grounds raised in the said reply, a non-speaking and unreasoned order imposing the impugned major punishment was passed by order dated 24.11.2010. This aspect was also not considered by the appellate Authority, which rejected the petitioner’s appeal by order dated 5.3.2012.
3. Per contra, learned counsel for the State submitted that the appellate Authority duly considered each and every fact mentioned in the appeal memo and passed a reasoned and speaking order/ appeal rejection order dated 5.3.2012 (Annexure P/1). It is further submitted that there is no infirmity in the order of punishm
The necessity of providing reasons in administrative decisions is crucial for ensuring justice and accountability.
The main legal point established in the judgment is that the requirement to record reasons for decisions is a fundamental aspect of natural justice and is essential for the validity of judicial and q....
The main legal point established in the judgment is that the punishment order against an employee must provide good and sufficient reasons, and a non-speaking order is not sufficient.
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
