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2026 Supreme(Online)(P&H) 80892

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KARAMJIT SINGH CHANDER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
CWP_13597_2026



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 12.05.2026 Karamjit Singh Chander ….Petitioner versus State of Punjab and others ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Tahaf Bains, Advocate, for the petitioner.

Mr. Swapan Shorey, DAG, Punjab.

NAMIT KUMAR , J. (ORAL)

1. This writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 12.02.2026 (Annexure P-10), whereby the appeal filed by the petitioner has been filed in the office without any order or opportunity of hearing, and also for quashing the order dated 18.09.2025/19.09.2025 (Annexure P-8), imposing a punishment of stoppage of one annual increment with future effect and also for quashing of the enquiry report dated 07.02.2025 (Annexure P-7).

2. Learned counsel for the petitioner submits that apart from other grounds which have been taken in the present writ petition, one of the grounds to challenge the order dated 12.02.2026 (Annexure P-10) passed by the Appellate Authority, whereby appeal against the order dated 18/19.09.2025 (Annexure P-8) vide which punishment of stoppage of one increment with cumulative effect has been imposed upon the petitioner, is that the same is cryptic and non-speaking order as none of the points raised in the appeal have been considered and dealt with. He submits that the said order is liable to be set aside and the matter may be remanded back to the Appellate Authority for reconsideration and its decision on merits.

3. On the other hand, learned State counsel could not justify the passing of the impugned order by the Appellate Authority which is totally cryptic and non-speaking.

4. I have heard learned counsel for the parties and perused the relevant documents.

5. The order dated 12.02.2026 (Annexure P-10) passed by the Appellate Authority reads as under :-

“Government of Punjab Cooperative Department (Cooperative-2 Branch)

To Sh. Karamjit Singh, Inspector Audit Cooperative Societies Khamanon, Now C.B. Malod through Chief Auditor Cooperative Societies, Punjab.

Chandigarh Memo No.Coop/3/2025-Cooperation2-(5)/

Chandigarh Dated: -

Subject: Regarding filing appeal against the order of penalization. Sh. Karamjit Singh Chander, Inspector Audit Cooperative Societies Khamanon now C.B.

Malod In regard to the above subject, you are written in connection with the appeal filed to the Hon’ble Chief Minister, Punjab as Incharge Cooperative Minister, Punjab on 06.11.2025, that after considering the appeal dated 06.11.2025 the competent authority has ordered to file the same in the office”

Sd/-

Superintendent Grade-I”

6. Perusal of the order reproduced above would show that none of the points raised by the petitioner in his appeal dated 06.11.2025 (Annexure P-9) have been considered and decided by the Appellate Authority.

7. The respondents-authorities were under legal obligation to assign cogent reasons while passing the impugned order dated 12.02.2026 (Annexure P-10) so that this Court, while exercising its power of judicial review, would be in a position to know as to what were the reasons weighing in the mind of the authority, while passing the impugned order. It is so said because the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. Since the horizon of natural justice has been constantly expanding in the recent past, hardly any visible distinction is left in the functioning of the administrative and quasi-judicial bodies, so far as the necessity of recording the reasons is concerned. That is why reasons are called the soul of a judgment.

8. The above-said view taken by this Court also finds support from the judgment of the Hon'ble Supreme Court in Ram Phal v. State of Haryana : 2009(1) SCC (L&S) 645. The relevant observations made by the Hon'ble Supreme Court in para 6 of the judgment ibid, which can be gainfully followed in the present case, read as

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