TILAK RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) DISCIPLINARY proceedings were initiated against the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 vide order dated 16th December, 1997. The penalty of removal from service was imposed upon the petitioner by the disciplinary authority vide order dated 20.07.1998. He preferred an appeal before the Divisional Commissioner, Mandi against the order dated 20.07.1998. The same was dismissed on 06.06.2000. Thereafter, the petitioner preferred the second appeal before the F.C.-Cum- Secretary (Revenue), Government of Himachal Pradesh. The same was also rejected vide order dated 10.04.2001 (Annexure A-8) without a speaking order. It is now well settled that the order passed by the appellate authority must be speaking and reasoned. The appellate authority has to take into consideration all the grounds raised in the memorandum of appeal. There must be due application of mind while deciding a statutory appeal.

(2.) THEIR Lordships of the Hon'ble Supreme Court in Roop Singh Negi versus Punjab National Bank and others (2009) 2 Supreme Court Cases 570 have held as under: