CM NO.4755 OF 2009 AND 1 CWP NO.14871 OF 2005 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 19.3.2009 Rajbir Kaur ...Petitioner VERSUS The State of Punjab & another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.R.K.Arora, Advocate for the petitioner Ms.Charu Tuli, Sr. DAG, Punjab Permod Kohli, J. (Oral) Notice of the CM No.4755 of 2009. Ms.Charu Tuli, Sr. DAG, Punjab accepts notice. The aforesaid CM has been filed for fixing the writ petition for hearing. For the reasons recorded in the application, this matter is taken up today itself for final disposal. The challenge in the present petition is to the order dated 17.5.2005 (Annexure P-9) whereby a penalty of punishment of stoppage of four annual increments with cumulative effect has been imposed upon the petitioner, on conclusion of the disciplinary proceedings. From the perusal of the order, it appears that the impugned order suffers from total non-application of mind CM NO.4755 OF 2009 AND 2 CWP NO.14871 OF 2005 as the disciplinary authority has imposed punishment without recording any reason whatsoever much less a valid reason. Mr. Arora has raised another contention that the Enquiry Officer himself was member of the raiding party and thus, he has conducted enquiry with a biased mind, but the disciplinary authority has not taken into consideration this aspect of the matter. Since the impugned order is non-speaking and without any ground, no comment can be made whether the disciplinary authority has applied his mind to this aspect of the matter or not. However, the impugned order is liable to be set aside on the ground that it is non-speaking and without application of mind. In view of the above circumstances, this petition is allowed. Impugned order dated 17.5.2005 (Annexure P-9) is hereby quashed and the matter is remitted back to the disciplinary authority. The disciplinary authority is directed to pass a speaking and reasoned order dealing with the issues raised by the petitioner in the reply to the show-cause notice and the objections to the enquiry report. Let a reasoned and speaking order be passed on re-consideration of the entire matter within a period of three months. (PERMOD KOHLI) JUDGE 19.3.2009 MFK