PREM CHAND Vs. INDRAPRASTHA GENERATION CO. LTD. (GENCO)

JUDGEMENT

(1.) YESTERDAY in W.P.(C) No. 5725/1999 titled as Mohinder Singh vs. DVB & Ors., I passed the following order:

(2.) IT is also argued that the Appellate Authority vide order dated 01.3.1999 reduced the penalty, but once again the said order is a non -speaking order which does not give reasons and does not deal with the arguments urged on behalf of the petitioner. I find that in the facts of this case there is violation of principles of natural justice. The Constitution Bench of the Supreme Court in S.N. Mukherjee vs. Union of India, : 1990(4) SCC 594 has held that every quasi -judicial authority must pass a speaking order, inasmuch as only when reasons are given, the higher authority or the courts know whether the reasons given are valid or genuine reasons.

(3.) IN view of the above, impugned order dated 03.7.1998 of the Disciplinary Authority and of the Appellate Authority dated 1.3.1999 are set aside and the matter is remanded to the competent authority to pass a speaking order in terms of the Supreme Court judgment in case of S.N. Mukherjee (supra) within a period of four months of the receipt of the present order.