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High Court of DelhiW.P.(C)/3133/2016

Ashok Baugh v. Union Of India And ORS

2016-07-11Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3133/2016 ASHOK BAUGH ..... Petitioner Through: Mr. Ashish Mohan, Advocate.

versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Jagjit Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.07.2016 Present writ petition has been filed challenging the order dated 10th March, 2016 passed by the Appellate Authority, Chief Commercial Manager communicated by Deputy Chief Commercial Manager, FM-1. Learned counsel for petitioner states that by the aforesaid communication, the Appellate Authority has dismissed the petitioner's appeal by a non-speaking order.

A perusal of the paper book reveals that the order in appeal is a nonreasoned one. It is settled law that reasons are the link between the order and the mind of its maker and every quasi-judicial order must be supported by reasons. In Mahabir Prasad Santosh Kumar vs. State of U.P. & Ors., (1970) 1 SCC 764, it was held that the conclusion of quasi-judicial authority must be fair and just and for ensuring this, he must record reasons which

would show the ultimate mental process leading from the dispute to its solution.

In view of the aforesaid, the impugned order dated 10th March, 2016 is set aside and the matter is remanded back to the Chief Commercial Manager for a fresh decision after giving an opportunity of hearing to the petitioner.

The appeal shall be disposed of by way of a reasoned order within a period of eight weeks.

With the aforesaid observations and directions, the present writ petition stands disposed of.

MANMOHAN, J JULY 11, 2016 js