- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 926 of 2007 STATE & ORS V/S MOHAN LAL RAJPUROHIT Mr. BL BHATI,AGA, for the appellant / petitioner Mr. GOVIND RAJPUROHIT, for the respondent Date of Order : 24.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- The matter comes up for admission. However, the controversy involved in the matter is very short, inasmuch as, the learned Single Judge has set aside the order of punishment imposed by the Disciplinary Authority solely on the ground that the order is not a speaking order, and is a unreasoned order, and appeared to the learned Single Judge to have been passed without proper application of mind. Without going into the merits, and the delinquency, or the inquiry report, or the ultimate conclusions, in our view, even if the learned Single Judge was of the view that the order is non-speaking order, unreasoned, or is an out come of non-application of mind, then in the circumstances of the case, the appropriate course was to have remanded the matter back to the authority concerned to pass a fresh order in accordance - 2 - with law, and with application of mind by setting aside the order already passed. That being the position, no useful purpose would be served by keeping this litigation pending in appeal, and therefore, the appeal is allowed at this stage itself. The impugned order of the learned Single Judge is set aside, maintaining the setting aside of the punishment order of the Disciplinary Authority, however, the matter is remanded back to the Disciplinary Authority to pass fresh order, which should be a reasoned, and speaking order, and should be passed with proper application of mind, and in accordance with law. It is expected that the Disciplinary Authority would decide the matter most expeditiously. It is also directed that if in pursuance of the order of the learned Single Judge, any payment has been made to the petitioning respondent, that shall not be recovered back from him till the matter is decided by the Disciplinary Authority afresh. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. /tarun/