CWP No. 2209 of 2008 28.11.2008 Present: Mr. Rajiv Jiwan, Advocate for the petitioner. Mr. Baldev Singh, Advocate for the respondents. Prima facie, orders dated 25.10.2007 (Annexure P-2) and dated 23.7.2008 (Annexure P-1) are not speaking orders. It is settled law that the order whereby penalty is imposed and the appellate order are supposed to be passed by a speaking order. Their Lordships’ of the Hon’ble Supreme Court in State of Uttaranchal and others Vs. Kharak Singh, (2008) 8 Supreme Court Cases 236 have held that the appellate order must be speaking order and should be passed on relevant materials available from the record. Their Lordships of the Hon’ble Supreme Court have held as under: “A reading of the enquiry report also shows that the respondent herein was not furnished with the required documents. The Department’s witnesses were not examined in his presence. Though the respondent who was the writ petitioner specifically stated so in the affidavit before the High Court in the writ proceedings, those averments were specifically controverted in the reply-affidavit filed by the Department. Mere denial for the sake of denial is not an answer to the specific allegations made in the affidavit. Likewise, there is no evidence to show that after submission of the report by the enquiry officer to the disciplinary authority, the respondent herein was furnished with the copy of the said report along with all the relied upon documents. When all these infirmities were specifically pleaded and bought to the notice of the appellate authority (i.e. Forest Conservator), he rejected the same but has not pointed out the relevant materials from the records of the enquiry officer and disciplinary authority to support his decision. Hence, the appellate authority has also committed an error in dismissing the appeal of the respondent.” Consequently, orders (Annexures P-1 and P-2) are quashed and set aside. However, the employer is permitted to pass fresh penalty orders in accordance with law. In view of these observations, the writ petition is disposed of. (Rajiv Sharma), J. November 28, 2008. (cr)