The High Court of Himachal Pradesh, in a writ petition, quashed an unreasoned disciplinary order imposing a penalty. It directed the appellate authority to reconsider the case afresh with reasons, adhering to natural justice.
Impugned order dated 15.01.2010 quashed; direction to appellate authority to decide petitioner's case afresh with reasons by 30.06.2015.
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.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No.1100 of 2010-B Date of Decision: 05.03.2015
Ravinder Raj ………Petitioner.
Versus
Himachal Road Transport Corporation& another.
…..Respondents.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Judge.
Whether approved for reporting?1 No.
For the Petitioner: Mr. Kul Bhushan Khajuria, Advocate.
For the Respondents: Mr. Adarsh Sharma, Advocate. Sanjay Karol, J (oral)
Impugned order dated 15.01.2010 (Annexure P-9) running into three pages is actually an unreasoned order. Except for the last paragraph, running into six lines, order only contains contentions raised by the petitioner, none of which have been dealt with by the authority.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
justice. As such, as prayed for, on this short ground alone, leaving questions of law open, impugned order dated 15.01.2010 (Annexure P-9) is quashed and set aside with a direction to the appellate authority to consider and decide the petitioner’s case afresh, in accordance with law, by affording due opportunity of hearing to all concerned. Needful be done expeditiously and not later than 30.06.2015. Petitioner is at liberty to place additional material. Needless to add, the authority shall assign reasons which shall be communicated to the petitioner. Liberty to approach the Court again if need so arises.
With the aforesaid observations, present petition stands disposed of, so also pending application(s), if any.
(Sanjay Karol), March 5, 2015 Judge. (Purohit)
1 issue framed by the court
Whether an unreasoned disciplinary order dealing with an appeal against penalty is legally sustainable.
Ravinder Raj
Himachal Road Transport Corporation
Sanjay Karol
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
