BABITA RANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) RULE . Rule made returnable forthwith, by consent. Counsel for the respondents' waives notice. As short question is involved, the petition is taken up for final disposal forthwith, by consent.

(3.) AFTER having considered the rival submissions, we have no manner of doubt that the order which is impugned in this petition, except referring to the provision under Section 146(1A), does not record any reason, whatsoever, why the discretion was exercised in favour of respondent No. 6 by the Deputy Commissioner. Section 146(1A) of the Act in no uncertain terms mandates that the Deputy Commissioner on consideration of the inquiry report, may revoke the suspension order, but for that, has to record reasons in writing. The impugned order, as aforesaid, does not record any reason whatsoever, but only refers to the existence of authority to exercise discretion by virtue of Section 146(1A). That is not enough. Without expressing any opinion on other contentions raised before us by both the parties, we deem it appropriate to quash and set aside the impugned order on this count alone.