K C SHARMA Vs. BSES YAMUNA POWER LIMITED

JUDGEMENT

(1.) Counsel for the parties have been heard at length. The present petition impugns the order dated 21.10.1999 of the disciplinary authority setting aside the findings and conclusions of the enquiry officer dated 1.12.1994. The order of the disciplinary authority reads as under:-

(2.) A reading of the aforesaid order shows that there is no discussion of the points in issue which require determination, and as to what are the reasons which has led the disciplinary authority to pass the impugned order. Putting it differently, an order of a quasi judicial authority has to be a speaking order in terms of the Constitution Bench judgment of the Supreme Court in the case of S.N.Mukherjee vs. Union of India, 1990 4 SCC 594. Indubitably the impugned order dated 21.10.1999 is not a speaking order as per the ratio of the Constitution Bench judgment of the Supreme Court in the case of S.N.Mukherjee .

(3.) Even the order of the appellate authority is a cryptic order containing no reasons whatsoever and the same reads as under:-