BALDEV RAM Vs. STATE OF H P

JUDGEMENT

(1.) DISCIPLINARY proceedings were initiated against the petitioner. Inquiry Officer was appointed. He submitted the report to the DISCIPLINARY Authority on 30.05.2000. Thereafter, the DISCIPLINARY Authority imposed the penalty of removal from service upon the petitioner on 14.07.2000. He preferred an appeal before the Appellate Authority. The Appellate Authority dismissed the same on 08.11.2000 (Annexure A-8), without passing a speaking order. Once the appeal has been preferred by the petitioner, the same ought to have been decided by the Appellate Authority by passing a speaking order, after taking into consideration the grounds/pleas taken therein. It is now well settled that the orders passed by the disciplinary authority and 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: