Jarnail Kaur v. State Of Punjab And Others

CWP-23312-2021 (O&M) - 1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-23312-2021 (O&M) Date of decision: 04.02.2025 Jarnail Kaur ....Petitioner

Versus

State of Punjab and Others

...Respondents

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

Mr. Ritesh Aggarwal and Ms. Aakriti Aggarwal, Advocates for the petitioner 



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

The prayer made in the present petition is for quashing the order dated 12.09.2018, whereby the punishment of stoppage of 3 annual increments with cumulative effect was awarded and the rejection of appeal vide order dated 03.09.2019.

2.

Learned counsel submits that in the appeal, the specific ground was taken with regard to there being nature of bonafide errors of judgment as the entire allegation No.1 in the chargesheet was not proved, regarding which reference is made to the judgment passed by this Court in Rampal Singh Uppal vs. The Financial Commissioner, Revenue, Haryana, Chandigarh and Others, CWP-9631974, decided on 24.03.1982, however, appellate authority has not even noticed the above much less considered.

3.

Sketchy and one liner orders passed without assigning any reasons by which claims such like the one involved are rejected is found whimsical in Ashok MOHIT 2025.02.05 12:30 I attest to the accuracy and integrity of this document

CWP-23312-2021 (O&M) - 2-




















































Kumar vs. State of Haryana and Others1 and M/s Kranti Associates Pvt. Ltd. And Another vs. Sh. Masood Ahmed Khan and Others,2 wherein it was observed that, the face of an order passed by a quasi-judicial authority or even an 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 obligation to give reasons while passing an order, which are the essence and virtually a part of the due process.

4.

As a fall out of the above, the impugned orders are set aside. The respondents are directed to re-consider the matter taking note of the facts as recorded hereinbefore within 4 months, which this Court has no reason to believe the authorities would not address in just, fair and reasonable manner, in case found entitled grant relief to the petitioner forthwith. 5.

Disposed of accordingly.

(AMAN CHAUDHARY) JUDGE 04.02.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No  2002 SCC OnLine P&H 1450  2010(9) SCC 496 MOHIT 2025.02.05 12:30 I attest to the accuracy and integrity of this document