PARADIP PORT WORKERS UNION Vs. PARADIP PORT TRUST

JUDGEMENT

(1.) THE grievance of the petitioners in short, is that, there has been irregular allotment of the quarters by the Chairman of the Paradip Port Trust (in short 'Port Trust') in purported exercise of powers conferred under Clause 25 of the Paradip Port Trust Employees (Allotment of Quarters) Order, 1975 (in short 'Order').

(2.) PETITIONERS ' case is that allotments are being made in a routine manner though discretion for out of turn allotment is to be exercised for 'weighty reasons'. It is pointed out that in the meeting of the Heads of Department held on 22.5.1987, two conditions were indicated under which the Chairman was to make allotment by exercise of powers under Clause 25 of the Order. A grievance is made that the conditions laid down have been by -passed while making allotment.

(3.) ON a bare reading of the provisions, it is clear that the decision to allot in favour of a non -eligible person has to be taken on the basis of 'weighty reasons'. The expression is indicative of fact that there must be some basis and foundation for making a departure from normal procedure. It cannot be done in a routine or casual manner. Reasons are the links between the material on which certain conclusions are based and the actual conclusions. Reasons have rationality, good faith, bona -fides ingrained. Reason presupposes logic. The various stages of reasoning should be properly interlinked. Mere assertions cannot be equated to a belief arrived at reasonably. Jumping to a particular conclusion, over -looking any intermediate fact or event, is a process opposed to reason. Reasons disclose the process of rectiocination and the way and in the manner the adjudicatory or decision making process travel. Indication of reasons provide visible safeguard against possible injustice and arbitrariness. Reasons when indicated substitute objectivity for subjectivity. The word 'weighty' has various shades. In the context it has been used in Clause 25, means significant, important or momentous. Use of the word 'weighty' before reasons further emphasises the intention that the discretionary power should not be exercised in a casual or routine manner.