IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 780 of 2009 Date of Decision: 19.1.2009. Jiwan Singh ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. N.S. Dandiwal, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, D.A.G., Punjab accepts notice on behalf of the respondents. Petitioner was recruited as a constable in the Railway Police in the year 1989. He was selected for dog handler course in the year 1992 at BSF Academy Takenpur, Gwalior, Madhya Pradesh and on that basis he was promoted as Adhoc Head Constable. The grievance of the petitioner is that similarly situated persons have been appointed as regular Head Constables, whereas petitioner has been ignored for similar treatment. Petitioner had earlier filed CWP No. 7849 of 2007, which came to be disposed of by this Court vide order dated September 17, 2008 (Annexure P-16) with the following direction:- “ After hearing counsel for the parties, we dispose of the present writ petition with direction to respondent no.2 to decide the representations Annexures P-10 to P-15 of the petitioner in accordance with CWP No. 780 of 2009 -2- law within six months from the date of receipt of a certified copy of this order.” Consequent upon the aforesaid order, respondents have passed the impugned order dated 4.12.2008 (Annexure P-17), whereby, the case of the petitioner has been rejected without recording any reason whatsoever. The impugned order is totally illegal and not sustainable in law. It is pertinent to observe that once the Court has directed any authority to take a decision on representation or legal notice, it is obligation of the authorities concerned to pass a reasoned and speaking order. The respondents have failed in discharging their obligation. The impugned order is totally non- speaking. This petition is accordingly allowed. Impugned order dated 4.12.2008 (Annexure P-17) is hereby set aside, however, respondents are directed to pass a fresh order by recording reasons within a period of one month from the date certified copy of this order is served upon respondents. (PERMOD KOHLI) JUDGE 19.1.2009 lucky