CWP(T) No. 7197 of 2008 07.10.2010 Present: Dr. Lalit K. Sharma, Advocate, for the petitioner. Ms. Anjula Khajuria, Advocate, for the respondents. Petitioner is aggrieved of the impugned orders dated 21.5.1997 (Annexure PK) and 11.8.2000 (Annexure PA). It is the petitioner’s grievance that even though leave of the kind due was available to him but however without any request made by him respondents treated the period of his absence as leave without pay. It is also his grievance that in any event impugned orders do not assign any reasons, they were passed without affording any opportunity of hearing to him. The impugned orders are also in violation of Rule 7 of F.R. S.R. Central Civil Services Leave Rules. 2. It cannot be disputed that the impugned orders do not assign any reason for either considering or rejecting the petitioner’s claim. It is a non speaking order. It entails civil consequences. Consequently on this short ground alone, without going into the merits of the case, as prayed for by the learned counsel for the petitioner, orders dated 21.5.1997 (Annexure PK) and 11.8.2000 (Annexure PA) are quashed. 3. Petitioner has since retired. Accordingly respondents are directed to take a fresh decision in the matter after affording adequate opportunity of hearing/representation to the petitioner and by passing a speaking order. The order be communicated to him. While passing the order respondents shall consider -2- the applicability of the decision rendered by the Apex Court in State of Punjab versus Dr. P.L. Singla, (2008) 8 SCC 469. 4. As agreed respondents shall take a decision within a period of three months from the date of receipt of the certified copy of the order. Petition stands disposed of accordingly. (Sanjay Karol), Judge. October 7, 2010 (PK)