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An order shall be a speaking order

 

Appellate Authority is required to give at least some reasons for rejecting an appeal preferred by a public servant who had been guilty in departmental enquiry

 

 The purpose of disclosure of reasons, as held by a Constitution Bench of this Court in S.N. Mukherjee v. Union of India, is that people must have confidence in the judicial or quasi-judicial authorities. Unless reasons are disclosed, how can a person know whether the authority has applied its mind or not? Also, giving of reasons minimises the chances of arbitrariness. Hence, it is an essential requirement of the rule of law that some reasons, at least in brief, must be disclosed in a judicial or quasi-judicial order, even if it is an order of affirmation.
9. No doubt, in S.N. Mukherjee case it has been observed that: (SCC p. 613, para 36) "36. ... The appellate or revisional authority, if it affirms such an order, need not give separate reasons if the appellate or revisional authority agrees with the reasons contained in the order u


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 2 Replies

R.K Nanda (Advocate)     03 February 2013

thanks for information.

Adv k . mahesh (advocate)     07 February 2013

good 


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