KRISHAN CHAND Vs. STATE OF JANDK

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 25.06.2008, passed by the learned Single Judge of this Court, whereby writ petition came to be dismissed along with connected C.M.P. The writ court has neither thrashed out the facts nor discussed the merits of the case. Writ petition came to be dismissed in a summary manner without assigning reasons. It is settled law that failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision taker to the controversy in question and the decision or conclusion arrived at. Assigning reasons is an indispensable part of a sound judicial system. It at least indicates that Court has applied its mind before making a decision and affected party can know why the decision has gone against him.

(2.) The Apex Court in Vishnu Dev Sharma v. State of U.P. and ors, 2008 AIR(SCW) 794, has held that order must be speaking one based on reasons.

(3.) It is apt to reproduce Paras 7 and 8 herein: