Narender Singh v. State Of Haryana And ANR

CWP-20081-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-20081-2024 Date of decision: 22.05.2025 Narender Singh

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Ishaan Bhardwaj, Advocate for the petitioner.

Mr. Ravi Pratap Singh, DAG, Haryana.

***** AMAN CHAUDHARY, J. (Oral) 1.

Learned counsel submits that despite the fact that the petitioner was acquitted way back on 17.12.1993 in the FIR No.102 dated 19.07.1993, registered under Sections 323, 324, 149 IPC, wherein there was no allegation of use of firearms, his license was cancelled without there being any basis of posing a threat to law and order. Appeal against which was also rejected by the appellate authority vide order dated 19.05.2022 without adverting to the grounds raised.

2.

A perfunctory, mono-linear disposition, bereft of proper contemplation of facts and circumstances of a case, stands in brazen contravention of principles of natural justice, as eloquently expounded by Hon'ble the Supreme Court in M/s Kranti Associates Pvt. Ltd. And Another vs. Masood Ahmed Khan and Others, 2010(9) SCC 496, wherein it was observed that the face of an order passed by a quasi-judicial or administrative authority affecting the rights of parties, must speak and must not be like the inscrutable face of a Sphinx. The authorities are under a legal HAMANT 2025.05.22 19:04 I attest to the accuracy and integrity of this document

CWP-20081-2024 obligation to give reasons while passing an order, which are the essence and virtually a part of the due process.

3.

Administrative authorities are mandated to articulate the rationale behind their decisions, ensuring transparency and fairness in the decision-making process, which not only assists the Court in scrutinising the case effectively but prevents a revolving door of appeals to the same institution.

4.

As a fall out of the above, the orders dated 08.11.2019 and 19.05.2022 are set aside and the District Magistrate is directed to consider the matter afresh, in accordance with law, taking note of the grounds taken in appeal filed by the petitioner and pass a reasoned order, within a period of 4 months, after affording an opportunity of hearing to him. 5.

Disposed of accordingly.

(AMAN CHAUDHARY) JUDGE 22.05.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.05.22 19:04 I attest to the accuracy and integrity of this document