STATE OF PUNJAB Vs. SEWA SINGH

JUDGEMENT

(1.) At issue in this Letters Patent Appeal is the correctness of the view that rejection of a representation without a speaking order is void. The writ petition filed by Sewa Singh, respondent No. 1 to the present appeal was allowed by the learned Single Judge on February 26, 1980 on the ground that the representation made by Sewa Singh had been dismissed without a speaking order. Reliance for this conclusion was placed on Single Bench Judgment of this Court in M.K. Bakshi v. State of Punjab,1971 1 SLR 119, wherein it was held that where a representation was filed against seniority, it was incumbent on the Government to consider and decide that representation in a quasi judicial manner and to dispose by a reasoned order. This ratio in M.K. Bakshi's case was not approved by a Division Bench of this Court in Ran Singh Kalson v. State of Haryana and others, 1978 1 SLR 450. It was observed by there Lordships :-

(2.) It is apparent that the decision in M.K. Bakshi's case was over-ruled. Since the decision in the present case rests solely on the ratio in M.K. Bakshi's case it cannot be sustained.

(3.) We allow the appeal and set aside the impugned judgment and dismiss the writ petition. Since there has been no opposition there shall be no order as to costs.