UNION OF INDIA Vs. MADAN LAL SETHEE

JUDGEMENT

(1.) Whether the appellate authority considering an appeal under Rule 27(2) of Central Civil Services (Classification, Control and Appeal) Rules, 1965, is required to pass a speaking order ?

(2.) The relevant material facts are these. The respondent is a Government servant. He was placed under suspension on November 4, 1970. The same day he was charged for misconduct and enquiry was held against him under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, (referred to as 'the Rules'). On May 5/6, 1972 appellant No. 3 passed an order removing the respondent from service with effect from May 6, 1972. The respondent preferred an appeal to appellant No. 2 who by his order dated January 4, 1973 converted the order of removal from service into one of reduction in rank. The respondent challenged this order by a petition under Article 226 of the Constitution of India. Various contentions were raised by the respondent. A learned Single Judge of this Court struck down the impugned order on the only ground that it was a non-speaking order, and remanded the case to appellant No. 3 for consideration on merits in accordance with law. The impugned order is in the following words :

(3.) At this stage the relevant part of Rule 27 may be noticed. It is in the following terms: