The High Court held that a non-speaking order rejecting the petitioner's candidature is legally unsustainable. Rallying previous precedent, the court quashed the impugned order and disposed of the petition accordingly.
The impugned order dated 21.6.2019 rejecting the petitioner's candidature was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- WRIT - C No. - 30670 of 2019
Petitioner :- Shardendra Allen Respondent :- Union Of India And Another Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- A.S.G.I.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Sri Yogendra Kumar, Advocate, has filed his memo of appearance on behalf of respondent no.1, Union of India today in Court, which is taken on record.
Heard Sri Uma Nath Pandey, learned counsel for the petitioner, Sri Yogendra Kumar, learned counsel appearing Union of India, Sri Vikas Budhwar, learned counsel appearing for for the Petroleum Corporation and perused the record.
This writ petition has been filed by the petitioner with a prayer to quash the order dated 21.6.2019 passed by respondent no.2, Hindustan Petroleum Corporation Ltd.
From the perusal of the impugned order dated 21.6.2019, we find that the said order is non-speaking one while rejecting the candidature of the petitioner. On the question of an order being non-speaking and therefore, untenable in law, we have already decided a bunch of writ petitions leading one being Writ-C No.24484 of 2019 on 13.8.2019.
In our considered opinion, the legal aspect in the said judgement (supra) is fully attracted in the present petition. The learned counsel for the respondent-corporation does not dispute that the ratio of the judgement is fully applicable to the facts of the present case. In such view of the matter, the order impugned dated 21.6.2019 (Annexure no.7) is hereby quashed.
The writ petition stands disposed of accordingly in terms of order and directions as contained in writ petition No. 24484 of 2019.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 24.9.2019 NS
1 issue framed by the court
Whether a non-speaking order rejecting candidature is untenable in law and liable to be quashed.
Colour shows how this judgement treated each authority
Writ-C No.24484 of 2019Referred¶8
Shardendra Allen
Union Of India
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
