Jagdeep Kaur v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-10508-2025 Date of Decision : April 21, 2025 JAGDEEP KAUR -PETITIONER V/S STATE OF PUNJAB AND ANOTHER -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms. Satwant Mehta, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, prayer is made for setting aside the impugned orders dated 17.05.2024 and 11.07.2023. Moreover, prayer is also made for issuance of directions upon the respondent(s) to grant employment to the petitioner on compassionate grounds being dependent of a terrorist victim family.

2.

The learned counsel for the petitioner submits that, the impugned orders, wherethrough claim of the petitioner has been rejected, are totally non speaking inasmuch as the maker(s) thereof has, except recording the contention of the petitioner therein, not penned down any reasons for rejecting the claim of the petitioner. In this way, it affected the basic right of the petitioner. Moreover, although the impugned orders fall within the domain of administrative orders, yet maker(s) thereof was required to record the reasons in support of the conclusion arrived therein. 3.

Notice of motion.

DEVINDER YADAV 2025.04.23 17:00 I attest to the accuracy and authenticity of this order/judgment

CWP-10508-2025 4.

Mr. Pardeep Bajaj, D.A.G., Punjab, waives service of notice on behalf of the respondents, and, after perusing the impugned orders, he fairly concedes that the impugned orders are totally non speaking inasmuch as no reason has been assigned therein for rejecting the claim of the petitioner. He submits that, the authority concerned is ready to reconsider the application of the petitioner and to pass a speaking order thereon, after giving due opportunity of hearing to the petitioner. 5.

The submission made by the learned State counsel is not opposed by the learned counsel for the petitioner. Consequently, the instant writ petition is allowed. The impugned orders are hereby set aside and the matter is remanded to the authority concerned for passing a fresh speaking order, but, after giving due opportunity of hearing to the petitioner. The above exercise shall be carried out within four weeks of the receipt of certified copy of this order.

(KULDEEP TIWARI) April 21, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.04.23 17:00 I attest to the accuracy and authenticity of this order/judgment