IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14179 of 2009 1. BHOLA MAHTO S/O LATE RAM KHELAWAN MAHTO VILL.- MANIKPUR SRISIA P.S. KANTI DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, EXCISE DEPTT., BIHAR, PATNA 2. THE SECRETARY EXCISE DEPTT., BIHAR, PATNA 3. THE EXCISE COMMISSIONER BIHAR, PATNA 4. THE DEPUTY COMMISSIONER, EXCISE DEPTT., PATNA CUM MAGADH-CUM-DARBHANGA PATNA 5. THE SUPERINTENDENT EXCISE SARAN AT CHAPRA ----------- 2. 09.11.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, an Excise Constable, proceeded on leave on 23.11.2008 and rejoined duties on 25.11.2008. He was issued a show cause notice to which he replied when he has been issued warning and that nothing beyond subsistence allowance for the period of suspension is to be paid by order dated 18.3.2009. Learned Counsel for the petitioner submits that his wife had suddenly fallen ill and therefore under compelling circumstances he was required to proceed home urgently. The explanation of the petitioner has not been disbelieved but it has been disposed by a non speaking order. Counsel for the State submits that the impugned order states that the explanation was not found satisfactory. The petitioner admits that he proceeded suddenly when his wife fell ill. He gave explanation. The explanation was either to be believed or disbelieved. The authorities cannot pass a cryptic order that it was not satisfactory. The authorities either will believe the explanation or shall not believe the explanation. It shall require a very brief discussion of the reason why it was not acceptable. This is necessary to bring transparency in the order showing due application of mind as otherwise the order becomes arbitrary. To reject his representation without any explanation why his claim that his wife fell ill and he had to proceed urgently was not acceptable cannot be sustained. The order dated 18.3.2009 is set aside to pass a fresh reasoned and speaking order within a maximum period of three weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)