ROSHANI Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The complaint and the grievance in this case filed by the widow of late E/ASI Krishan Kumar, No.26/Karnal is against the appellate order dated 25.09.2013 (Annex P-2) passed by the Inspector General of Police, Karnal Range, Karnal describing the same as a non-speaking order which contains no reasons. Rule 16.31, of the Punjab Police Rules, 1934, as applicable to the State of Haryana, obligate the appellate authority to record reasons. The said provision reads as follows:

(2.) The necessity of passing reasoned orders which affect rights of the citizen has become a constitutional duty of Officers, who pass quasi judicial orders ever after the law was laid down by the Constitution Bench of the Supreme Court in S.N. Mukherjee Vs. Union of India, 1991(1) S.C.T 241 : AIR 1990 SC 1984 . On this short ground, the impugned order dated 25.09.2013 (Annex P- 2) is not sustainable.

(3.) Moreover, the appellate order has been passed against a dead person. The husband of the petitioner was dismissed from service by the Superintendent of Police, Karnal on 08.11.2012 and died on 01.02.2013. His family should have been informed that the appeal would be taken up for final disposal and if they wished, they could appear and present their case. This would have guaranteed observance of principles of natural justice. On this count also, the order has to fall.