IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P.(T) No. 3090 of 2008. Decided on: 09.08.2010. _____________________________________________________ Shanti Swarup Bali. …Petitioner. -Versus- Himachal Pradesh Electricity Board and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. H.K. Paul, Advocate. For respondent No. 1. : Ms. Anjula Khajuria, Advocate. For respondent No. 2. : Mr. P.M. Negi, Dy. A.G. with Mr. R.P. Singh, Assistant A.G. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Disciplinary proceedings were initiated against the petitioner. Enquiry Officer was appointed. He submitted the report to the disciplinary authority. The disciplinary authority imposed the penalty of withholding of two increments with cumulative effect upon the petitioner vide order dated 28th June, 1986. The petitioner preferred an appeal before the appellate authority. The appellate authority dismissed the same on 2nd September, 1987 vide Annexure A-5. Thereafter, the petitioner again preferred an appeal before the Secretary (MPP&P). The same was also rejected on 26th November, 1988 (Annexure A-6) without a speaking order. It is now well settled that the order passed by the disciplinary auhthority/appellate authority must be speaking and reasoned. The appellate authority has to take into 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. consideration all the grounds raised in the memorandum of appeal. There must be due application of mind while deciding a statutory appeal. In the present case, the impugned orders passed by the disciplinary authority and two appellate authorities are neither speaking nor reasoned. 2. Their Lordships of the Hon’ble Supreme Court in Roop Singh Negi versus Punjab National Bank and others (2009) 2 Supreme Court Cases 570 have held as under: “Furthermore, the order of disciplinary authority as also the appellate authority are not supported by any reason. As the orders passed by them have severe civil consequences, appropriate reasons should have assigned. If the enquiry officer had relied upon the confession made by the appellant, there was no reason as to why the order of discharge passed by the criminal Court on the basis of selfsame evidence should not have been taken into consideration. The materials brought on record pointing out the guilt are required to be proved. A decision must be arrived at on some evidence, which is legally admissible. The provisions of the Evidence Act may not be applicable in a departmental proceeding but the principles of natural justice are. As the report of the enquiry officer was based on merely ipse dixit as also surmises and conjectures, the same could not have been sustained. The inference drawn by the enquiry officer apparently were not supported by any evidence. Suspicion as is well known, however high may be, can under no circumstances be held to be substitute for legal proof. 3. In Chairman, Disciplinary Authority, Rani Lakshmi Bai Kshetriya Gramin Bank versus Jagdish Sharan Varshney and others, (2009) 4 SCC 240, their Lordships of the Hon’ble Supreme Court have held that the appellate authority must give reasons while affirming the order of lower authority. Their Lordships of the Hon’ble Supreme Court in G. Vallikumari versus Andhra Education Society and others, 2010 (2) SCC 497 have held that the disciplinary authority must record reasons while passing the order. 4. Accordingly, in view of the observations made hereinabove, the petition is allowed. Annexures A-4, dated 28.06.1986, A-5, dated 02.09.1987 and A-6, dated 26.11.1988 are quashed and set aside. The disciplinary authority is directed to pass fresh orders after taking into consideration the representation made by the petitioner against the enquiry report within a period of eight weeks from today. No costs. (Rajiv Sharma) Judge August 09, 2010. (bhupender)