STATE OF BIHAR Vs. INDRA NAND JHA

JUDGEMENT

(1.) THIS is an appeal preferred by the State against the order passed by a learned Single Judge. By the order coming under appeal the writ petition filed by respondent no. 1 was allowed and the order of punishment, dated 27.9.1999 passed against him (and the other two consequential orders) were set aside, with liberty to the respondent authorities to proceed in the matter, in accordance with law.

(2.) THE impugned order is assailed on the ground that it is completely non -speaking. It states the facts of the case only fragmentally and does not give any reason whatsoever for allowing the writ petition and setting aside the punishment order passed against respondent no. 1.

(3.) ORDINARILY we would have set aside the order coming under appeal and remitted the matter for fresh consideration. We, however, refrain from doing so for two reasons: one, it is not an appeal against an order passed by an inferior court but an internal court appeal in which remands are conventionally made for very compelling reasons. The other is that the counsel for respondent no. 1 writ petitioner prayed before us that he might be heard on the merits of the writ petition. The State counsel has no objection to this prayer. The matter has become quite old and a remand would unnecessarily cause further delay. We, therefore, chose the second course and proceeded to hear the writ petition on merits.