IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.134 of 2003 RAMESHWAR PASWAN Versus STATE OF BIHAR & ORS For the Appellant: Mr. Rajeev Verma, Sr. Adv. Mr. Shambhu Sharan Singh, Adv. For the Respondent State: Mrs. Nilu Agrawal,G.A.10. ----------- 5/ 21/04/2010 Heard learned counsel for the appellant and learned counsel for the respondents. No counter affidavit was filed by the respondents in the writ petition neither has it been filed in the appeal. The appellant, who belongs to the Scheduled Caste Category, was promoted by order dated 13.3.1997 as Junior Mechanic with effect from 30.9.1993 in pursuance of the recommendation of the Promotion Committee dated 25.2.1997 in the Civil Aviation Department of the State Government. It came to be modified on 29.7.2002 shifting his date of promotion from 30.9.1993 to 26.3.1997 directing recovery of any monetary benefits given in pursuance of the earlier order. An order of the Government has to be tested on the basis of the recitals contained in the order itself. The order of promotion dated 13.3.1997 was reasoned inasmuch as it was based on the recommendation of the Promotion Committee which raises a presumption that appellant’s service record and eligibility for promotion were duly considered and examined only whereafter 2 formal orders of promotion were issued. On the contrary, the order dated 29.7.2002 modifying the date of promotion is non-speaking in nature disclosing no reasons why the recommendation of the Promotion Committee was erroneous and required modification. Reasons have been held to be the heart and soul of an order and the ultimate control on arbitrariness lending transparency to the decision making process and leaving the citizen concerned satisfied that his case has been properly considered with due opportunity to him. Reasons provide access to the mind of the decision maker for the conclusions that he arrives at. For the aforesaid reasons, we find it difficult to sustain the impugned order dated 29.7.2002 which is accordingly set aside. The appeal stands allowed. Any deductions made from the petitioner in terms of the order dated 29.7.2002 are directed to be returned to him forthwith. The impugned order dated 29.7.2002 having been set aside, all consequential orders automatically stand set aside. KC ( Navin Sinha, J.) (Dinesh Kumar Singh, J.)