1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3743 OF 2002 WRIT PETITION NO.3743 OF 2002 WRIT PETITION NO.3743 OF 2002 K.Ramaswamy ...Petitioner Vs. Divisional Commissioner, Pune Division Pune & Ors. ...Respondents ----- Mrs. Shubhangi Bhosale for Mr. V.N.Tayade Adv.for Petitioner Mrs. M. Thakur, A.G.P. for Respondents CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 10TH AUGUST, 2005 DATED: 10TH AUGUST, 2005 DATED: 10TH AUGUST, 2005 P.C. P.C. P.C. 1. Heard Mrs. Bhosale with Mr. Tayade in 1. Heard Mrs. Bhosale with Mr. Tayade in 1. Heard Mrs. Bhosale with Mr. Tayade in support of this Petition. Mrs. Thakur appears for support of this Petition. Mrs. Thakur appears for support of this Petition. Mrs. Thakur appears for the Respondents. The Petitioner herein was working in the Respondents. The Petitioner herein was working in the Respondents. The Petitioner herein was working in the services of the Zilla Parishad Pune. In view of the services of the Zilla Parishad Pune. In view of the services of the Zilla Parishad Pune. In view of certain allegations of irregularities and misconduct a certain allegations of irregularities and misconduct a certain allegations of irregularities and misconduct a departmental enquiry was conducted against him and an departmental enquiry was conducted against him and an departmental enquiry was conducted against him and an order of recovery of certain amount was passed against order of recovery of certain amount was passed against order of recovery of certain amount was passed against him. him. him. 2. The Petitioner preferred an appeal against 2. The Petitioner preferred an appeal against 2. The Petitioner preferred an appeal against that order and the Appellate Authority passed a that order and the Appellate Authority passed a that order and the Appellate Authority passed a cryptic order on 5th December, 2001 dismissing the cryptic order on 5th December, 2001 dismissing the cryptic order on 5th December, 2001 dismissing the appeal. The Appellate order states only this much appeal. The Appellate order states only this much appeal. The Appellate order states only this much that the State Government has informed the that the State Government has informed the that the State Government has informed the Commissioner that there is no need to interfere in the Commissioner that there is no need to interfere in the Commissioner that there is no need to interfere in the Order passed by the Commissioner and confirmed his Order passed by the Commissioner and confirmed his Order passed by the Commissioner and confirmed his 2 order in the Petition against the Petitioner. That order in the Petition against the Petitioner. That order in the Petition against the Petitioner. That certainly cannot be in any appeal filed by Civil certainly cannot be in any appeal filed by Civil certainly cannot be in any appeal filed by Civil Servant. He must know as to why his Appeal has been Servant. He must know as to why his Appeal has been Servant. He must know as to why his Appeal has been dismissed. It is not necessary that any elaborate dismissed. It is not necessary that any elaborate dismissed. It is not necessary that any elaborate order is passed, but he must know sufficiently as to order is passed, but he must know sufficiently as to order is passed, but he must know sufficiently as to what is the decision of the Government on the grounds what is the decision of the Government on the grounds what is the decision of the Government on the grounds that he has raised in the Appeal. In as much as the that he has raised in the Appeal. In as much as the that he has raised in the Appeal. In as much as the impugned order does not say anything beyond what is impugned order does not say anything beyond what is impugned order does not say anything beyond what is stated above, we allow this Petition to this limit stated above, we allow this Petition to this limit stated above, we allow this Petition to this limit namely that the Appellate Order dated 5th December, namely that the Appellate Order dated 5th December, namely that the Appellate Order dated 5th December, 2001 stands set-aside. The Appeal will stand restored 2001 stands set-aside. The Appeal will stand restored 2001 stands set-aside. The Appeal will stand restored to the file of Appellate Authority. The Appellate to the file of Appellate Authority. The Appellate to the file of Appellate Authority. The Appellate Authority will hear once again and thereafter pass a Authority will hear once again and thereafter pass a Authority will hear once again and thereafter pass a reasoned order one way or the other. We make it clear reasoned order one way or the other. We make it clear reasoned order one way or the other. We make it clear that it will be open to the Appellate Authority to that it will be open to the Appellate Authority to that it will be open to the Appellate Authority to deal as it deems to be fit and pass the same order for deal as it deems to be fit and pass the same order for deal as it deems to be fit and pass the same order for the reasons to be recorded by the Appellate Authority. the reasons to be recorded by the Appellate Authority. the reasons to be recorded by the Appellate Authority. . The Petition allowed in the aforesaid terms . The Petition allowed in the aforesaid terms . The Petition allowed in the aforesaid terms without any orders as to the costs. without any orders as to the costs. without any orders as to the costs. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)