Criminal Misc. No.M- 28225 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 28225 of 2008 Date of decision : 31.10.2008 Shiv Kumar .....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Surender Deswal, Advocate for Mr. Hariom Gupta, Advocate for the petitioner. S. D. ANAND, J. The plea of the petitioner-prisoner for his release on furlough was declined by the competent authority vide order dated 8.4.2008 (Annexure P-1) by noticing that furlough had not been recommended by the S.S.P., Bullandshahar. The impugned order does not, however, give any indication about the nature of the report made by the S.S.P., Bullandshahar. Notice of motion. On the asking of the Court, Mr. S.S.Mor, learned Senior Deputy Advocate General, Haryana accepts notice on behalf of the respondents. Though the grant of furlough is not a right vested in a prisoner, it also cannot be said that a furlough plea can be declined on the basis of a vague report. The principle of transparency validates the view that the authority competent to consider the request of a prisoner under incarceration must announce to the applicant the reasons for disallowance Criminal Misc. No.M- 28225 of 2008 -2- **** thereof. The impugned order deserves invalidation as it fails the test of being self-contained and transparent. The petition shall stand allowed accordingly. The impugned order is set aside. The competent authority is directed to pass an order afresh within one month from today in the light of the above observations made by this Court. It will be for the State counsel to communicate the order to the competent authority. Copy of the order be given to the learned State counsel under the signatures of the Court Secretary. October 31, 2008 (S.D. ANAND) Pka JUDGE