LAWS(SC)-2021-2-85

SUDIPTA CHAKROBARTY Vs. RANAGHAT S.D.HOSPITAL

Decided On February 15, 2021
Sudipta Chakrobarty Appellant
V/S
Ranaghat S.D.Hospital Respondents

JUDGEMENT

(1.) In the present case, the reasoned order was passed on 20.12.2019 by the National Consumer Disputes Redressal Commission ('National Commission' for short) in C.A. No.9404 of 2019. A fresh civil appeal was filed before this Court being C.A. No.6476 of 2020, which has been dismissed vide Order dated 06.3.2020.

(2.) This Court had vide Order dated 08.1.2020 directed the Registrar of the National Commission to submit a Report stating the number of cases in which reasoned judgments had not been passed, even though the operative order had been pronounced in Court. By the report dated 27.7.2020, we have been informed that as on 20.12.2019, there were 85 such cases in which the operative order had been pronounced, but reasoned judgments were not delivered so far.

(3.) The fact which has been brought to our notice by the Registrar of the Commission can, in no manner, be countenanced that between the date of operative portion of the order and the reasons are yet to be provided, or the hiatus period is much more than what has been observed to be the maximum time period for even pronouncement of reserved judgments. In State of Punjab and Ors. v. Jagdev Singh Talwandi 1984(1) SCC 596 in para 30, the Constitution Bench of this Court, as far back in 1983, drew the attention of the Courts/Tribunal of the serious difficulties which were caused on account of a practice which was being adopted by the adjudicating authorities including High Courts/Commissions, that of pronouncing the final operative part of the orders without supporting reasons. This was later again discussed by this Court in Anil Rai v. State of Bihar 2001(7) SCC 318.