AKHIL CHANDRA KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocates appearing for the parties. Assailing the judgment and order dated 13th Jan., 2009 passed by the West Bengal Administrative Tribunal, Bikash Bhavan, Salt Lake City, Kolkata-91 in O.A. No. 768 of 2003 this writ application has been filed. By the impugned order in this writ application learned Tribunal rejected the original application, wherein the writ petitioner assailed the order of the Appellate Authority as well as the order of the Disciplinary Authority alleging, inter alia, that Appellate Authority did not apply the mind and the decision of the Appellate Authority is attracted by the doctrine of non-speaking order. Learned Tribunal, however, though accepted the view that reason and logic was not assigned by the Appellate Authority, particularly the communication of the order as made, but on perusal of the office file wherein detail reasoning given, learned Tribunal rejected the original application.

(2.) Having regard to such findings of the learned Tribunal, we are of the view that Tribunal's order is not legally sustainable in view of the basic principle of law that every order passed by any administrative body or any quasi judicial body and/or even by the judicial body must disclose the reason of the order so that the person concerned who is affected thereby may approach the higher forum and/or higher Court assailing the decision thereof. In the case Chairman, Rani Lakshmi Bai Kshetriya Gramin Bank Vs. Jagdish Sharan Varshney & Ors., reported in, (2009) 4 SCC 240 , the Court held that "reason must be given by the appellate or revisional authority even when affirming the impugned decision". Reliance was placed in that case, the case of Divisional Forest Officer, Kothagudem Vs. Madhusudhan Rao, reported in, (2008) 3 SCC 469 , M.P. Industries Limited Vs. Union of India, reported in, AIR 1966 SC 671 and Seamen Engineering and Manufacturing Company of India Limited Vs. Union of India, reported in, (1976) 2 SCC 981 . In that case the Court explained and discussed the contra decision passed in the case S. N. Mukherjee Vs. Union of India, reported in (1990) 4 SCC 94 by explaining the said decision that in case of affirmation, no reason separately required to be given as held in S.N. Mukherjee (supra) should be read as an observation meaning thereby that order of affirmation need not contain any elaborate reasoning as contained in original order, but it cannot be understood to mean that even brief reason need not be given in order of affirmance. The Court further explained in that case the earlier case of State of Bikaner and Jaipur Vs. Prabhu Dayal Grover, reported in, (1995) 6 SCC 279 , since in the case Prabhu Dayal Grover (supra), it was observed that for affirmative order there was no necessity of giving any reason to this effect that the observation of the Prabhu Dayal Grover (supra) should be read as that the Appellate Authority should disclose briefly application of mind as without any reason cannot be satisfied. It has been further held atleast that brief reason should be given so that one can know that the Appellate Authority has applied his mind.

(3.) Right to information and right to be informed about a reason of any decision is within the domain of Art. 19(1) read with Art. 21 of the Constitution of India in terms of the views expressed by the Apex Court in the case Ravi S. Naik Sanjay Bandekar Vs. Union of India, reported in, AIR 1994 SC 1558. It has been held in the case Manager Government Branch Press Vs. D.B. Belliappa, reported in, AIR 1979 SC 429 that administration is under a general duty to act fairly and fairness founded on reason is the essence of right and equality. Lord Denning MR in the case Breen Vs. Amalgamated Engineering Union Limited, reported in (1971) 2 QB 175 even held "it is one of the fundamental of good administration to assign a reason in the decision". In the M.P. Industries Limited (supra) case, Justice Subbarao held in considering the principle of reasoned decision that justice not only should be done but it should be felt to have been done, where reason is a must. Absence of any reason is nothing but non,application of mind, is the view expressed in the case Shanti Prasad Agarwalla Vs. Union of India, reported in, AIR 1991 SC 814 . In the case Steel Authority of India Limited Vs. S.T.O., reported in, (2008) 9 SCC 407 wherein in para 17 the Court held "reason is heart bit of every conclusion. It introduces clarity and without the same it becomes lifeless". In the case State of West Bengal Vs. Alpana Roy, reported in, (2005) 8 SCC 296 on considering the cases, namely, Breen (supra), Amalgamated Engineering Union Limited (supra) and Alexander Machinery (Dudly) Ltd. Vs. Crabtree, reported in 1974 ICR 120 (NIRC) , in para 8 the Court held "reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the inscrutable face of sphinx, it can by its silence render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reason at least sufficient to indicate an application of mind to the matter before the Court". In Alexander Machinery (Dudly) Ltd. (supra) the Court held "failure to give reasons amounts to denial of justice. Reasons are live links between the minds of the decision taker to the controversy in question and the decision or conclusion arrived at". The same view reiterated in the case Jagatamba Devi Vs. Hem Ram & Ors., reported in, (2008) 3 SCC 509 , wherein in para 10, the decision of Breen (supra) and Alexander Machinery (Dudly) Ltd. (supra) was quoted. Non-speaking order violates the principle of natural justice is the view expressed by the Constitution Bench in the case S.N. Mukherjee Vs. Union of India, reported in, AIR 1990 SC 1984 by holding that quasi judicial and administrative body if fails to pass any speaking order it breaches the principle of natural justice. Speaking order principle is applicable to a judicial action also as held in Smt. Swarnalata Ghosh Vs. Harendra Kumar Banerjee, reported in, AIR 1969 SC 1167.