The court allowed the writ petition, setting aside two impugned administrative orders dated 28.08.2015 and 30.01.2021 for violating principles of natural justice due to lack of hearing and being non-speeching orders.
Impugned orders quashed; directed respondent to pass fresh reasoned order within two months.
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Court No. - 9
Case :- WRIT - C No. - 8901 of 2021
Petitioner :- Shafeek Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rafeek Ahmad Khan,Vishnu Gupta(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Matter is taken up through video conferencing.
Heard learned counsel for the petitioner and learned Standing Counsel on behalf of all the respondents.
The petitioner has preferred present petition inter-alia with the prayer to quash the order dated 28.08.2015 passed by respondent no.3/District Magistrate, Mahoba and the order dated 30.01.2021 passed by respondent no.2/Commissioner, Chitrakoot Dham, Mandal Banda.
It is argued by learned counsel for the petitioner that the aforesaid order was passed without affording opportunity of hearing to the petitioner.
I have gone through the order passed by the aforesaid authorities, which are under challenge in the present writ petition. It appears from perusal of the order dated 28.8.2015 passed by the respondent no.3 that the aforesaid order is absolutely non speaking order. No cogent reason whatsoever has been given while passing the aforesaid order though against the aforesaid order a statutory appeal was preferred by the petitioner but the same was also rejected by the respondent no.2 without going into the grounds stated by the petitioner in the appeal.
In the case of Assistant Commissioner, Commercial Tax Department, Works Contract and Leasing, Kota Vs. M/s Shukla and Brothers reported at 2010 AIR SCW 3277 . The Hon'ble Supreme Court in the aforesaid case laid down the consequences of an order passed in violation of principles of natural justice in the following terms as para 9 of the said judgement:-
"9. The increasing institution of cases in all Courts in India and its resultant burden upon the Courts has invited attention of all concerned in the justice administration system. Despite heavy
quantum of cases in Courts, in our view, it would neither be permissible nor possible to state as a principle of law, that while exercising power of judicial review on administrative action and more particularly judgement of courts in appeal before the higher Court, providing of reasons can never be dispensed with. The doctrine of audi alteram partem has three basic essentials. Firstly, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be granted an opportunity of being heard. Secondly, the concerned authority should provide a fair and transparent procedure and lastly, the authority concerned must apply its mind and dispose of the matter by a reasoned or speaking order. This has been uniformly applied by courts in India and abroad."
In view of the same, the order dated 28.08.2015 passed by respondent no.3 and the order dated 30.01.2021 passed by respondent no.2 are set aside. The respondent no.3 is further directed to pass fresh order in accordance with law most expeditiously and preferably within a period of two months from the date of receipt of copy of this order.
Accordingly, present writ petition is allowed.
Order Date :- 25.6.2021 Pramod Tripathi
1 issue framed by the court
Whether to set aside the impugned orders dated 28.08.2015 and 30.01.2021 passed without affording opportunity of hearing or providing reasons.
Colour shows how this judgement treated each authority
Shafeek Khan
State Of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
