Devanand v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6973 of 2015 ====================================================== Devanand Son of Late Laxmikant. Resident of village - Mojahida, P.O. P.S.- Parwatta, District - Khagaria, presently posted as Panchayat Secretary, Block - Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Divisional Commissioner, Munger.

3.

The District Magistrate, Khagaria.

4.

The Sub-Divisional Officer, Khagaria.

5.

The Block Development Officer, Khagaria.

6.

The Block Development Officer, Beldaur, District - Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.SC2- Nawal Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 23-04-2019 Heard counsel for the petitioner and counsel for the respondents.

Short submission raised by counsel for the petitioner is regarding non-consideration of Service Appeal no.12 of 2014 by the Commissioner, Munger Division. The order of the Commissioner annexure 7 is dated 17.1.2015. After taking note of three allegations levelled against the petitioner, Commissioner has rejected appeal of the petitioner by most cryptic and non-speaking order which reads as follows:

"इस आदश में ककोई गलतती प्रततीत नहहीं हकोतती ह। अततः जजिलला पदलाजधिकलारती, खगजड़ियला कद आदश कको

Patna High Court CWJC No.6973 of 2015 dt.23-04-2019 2/3 सम्पुष्ट जकयला जिलातला ह एव मूल अजभिलदख जजिलला पदलाजधिकलारती, खगजड़ियला कको वलापस भिदजिला जिलातला ह।" Bare perusal of order of the Commissioner, Munger Division shows that same suffers from non-application of mind. There is no consideration of the appeal whatsoever. Importance of assigning reason has been emphasized time and again by the court. Such an order by an appellate authority without any reason whatsoever reduces the forum of the appeal to an empty forum. The Apex Court in the case of Kranti Associates Private Limited and another vs. Masood Ahmed Khan and others reported in (2010) 9 Supreme Court Case page 496 has held requirement of assigning reason.

In that view of the matter, order dated 17.1.2015 passed in Service Appeal no. 12 of 2014 by the Commissioner, Munger Division is quashed and the matter is remitted to the Appellate Authority to pass reasoned and speaking order on the appeal of the petitioner showing consideration of the same expeditiously and without any undue delay, preferably within six months. Writ petition is disposed off with the aforesaid observations.

(Madhuresh Prasad, J) s.hassan/- AFR/NAFR NAFR

Patna High Court CWJC No.6973 of 2015 dt.23-04-2019 3/3 CAV DATE NA Uploading Date 29.4.2019 Transmission Date NA