Mukesh Kumar Sandhya vs The State of Madhya Pradesh

Sujoy Paul, J.—With the consent of parties, matter is finally heard. The grievance of the petitioner is against the impugned order Annexure P-1 dated 3.9.2013 whereby the petitioner''s appeal against punishment order dated 3.4.2013 is rejected by the Collector by a single stroke of pen. The singular ground of attack to this order is that it is a non speaking order and not in conformity with the principles of natural justice and the requirement of Rule 27 of M.P. Civil Services (Classification, Control & Appeal) Rules, 1966. This Court on last occasion directed the respondents to inform whether any separate reasons are recorded which may support Annexure P-1.

Shri Rathi, learned Govt. Advocate fairly admits that as per the return, Annexure P-1 is a complete order and no order is there which may show recording of any separate reasons by the Appellate Authority.

In the considered opinion of this Court, Rule 27 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 makes it obligatory on the part of the appellate authority to consider various aspects as mentioned in the Rule and then pass a reasoned and speaking order. The appellate authority is not only obliged to do so as per the principles of natural justice. He is under a statutory obligation to pass such order as per statutory mandate of Rule 27 of the said rules. This view was taken by the Supreme Court in Ram Chander Vs. Union of India (UOI) and Others, . This Court followed this view in Mohammad Idris Vs. Registrar General, M.P. High Court, Jabalpur and another, . Recently, in Chairman, LIC of India and Others Vs. A. Masilamani, , the Apex Court again emphasized the need of application of mind and for assigning reasons by the appellate authority. In absence of reasons, the appellate authority''s order cannot be permitted to stand. No conclusion can be permitted to stand which is not pregnant with reasons. Reasons are heart beats of conclusions and in absence of heart beat Annexure P-1 is a dead order.

Resultantly, Annexure P-1 dated 3.9.2013 is set aside. The appellate authority is directed to pass orders in accordance with rules and principles of natural justice expeditiously, preferably within 90 days. Petition is allowed without expressing any opinion on the merits of the case.