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sanjeev rajpurohit   29 March 2020

Order of appellant authority

in a bank case if a c.s.o APPEAL TO THE APPELLANT AUTHORITY AGAINST THE ORDER OF DISCIPLINARY AUTHORITY THEN THE ORDER OF APPELLANT AUTHORITY SHOULD BE A SPEAKING ORDER OR NOT (2)WHAT ARE CONTAIN OF A SPEAKING ORDER


Quick Summary
This discussion explores whether an order issued by an Appellant Authority, following an appeal against a Disciplinary Authority's decision in a bank case, must be a 'speaking order'. A speaking order is defined as one that clearly outlines the facts and grounds leading to the decision, based on evidence and witness testimonies. It's highlighted that Appellate Courts review the Trial Court's order on its merits and cannot conduct new trials. Non-speaking orders, which fail to provide such reasoning, are vulnerable to being set aside during judicial review.

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 March 2020

1, Speaking order can be pronounced ONLY by the Trial Court /Authority, AFTER taking into consideration the documentary evidences & witnesses of both the parties.

2. Appeal Court CANNOT conduct trial proceedings and is liable only for merits of the order of  Trial Court /Authority.

Keep Smiling .... Hemant Agarwal
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Sudhir Kumar, Advocate (Advocate)     15 April 2020

the order fo Appellate Authority has to be speaking one.

Sudhir Kumar, Advocate (Advocate)     15 April 2020

is this same case

 

https://www.lawyersclubindia.com/forum/Disciplinary-authority-him-self-committing-in-a-disciplinary-action-208814.asp

P. Venu (Advocate)     15 April 2020

It is mandatory that quasi-judicial decisions/orders prejudicially affectng the rights of  persons need to be speaking orders; speaking order denotes the setting out the facts and grounds that had led the said authority in arriving at the said decision. Non-speaking Orders are liable to be set aside in judicial review.


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