CWP(T) No. 5616 of 2008 2.08.2010 Present: Mr. Ashwani Pathak, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Vivek Thakur, Add. Advocate General and Mr. Rajesh Mandhotra, Dy. A. G. for the respondents/State. The matter was heard for some time. Mr. Ashwani Pathak, learned counsel for the petitioner invited my attention to the order dated 15.7.1998 passed by the Financial Commissioner (Revenue). Undisputedly no reasons have been assigned by the Financial Commissioner while passing this order. 2. Mr. Ashwani Pathak, learned Counsel for the petitioner submits that his client shall be content if the said impugned order is set aside on this ground alone and the authority be directed to decide the appeal expeditiously for the reason that the petitioner is likely to retire in near future. 3. Admittedly the order passed by the Financial Commissioner does not assign any reasons. Even though the petitioner had raised several pleas in the appeal (Annexure P-21) filed before the Financial Commissioner but however the same have not been considered and dealt with. 4. In these circumstances the impugned order dated 15.7.1998 is set aside. The appeal filed by the petitioner is restored to its original position. The appellate authority is directed to decide the appeal by passing a speaking order within a period of three months from today. Sh. R. K. Sharma, learned Sr. Addl. Advocate General assures the Court that a communication in this regard shall be immediately sent to the appropriate authority for proper action. -2- 5. Needless to add, before passing the order reasonable opportunity of hearing/representation shall be afforded to the petitioner. In these circumstances the present petition is disposed of with the aforesaid observations. (Sanjay Karol), Judge. August 2, 2010 (PK)