Court No. - 38 Case :- WRIT - A No. - 37979 of 2010 Petitioner :- Smt. Shashi Kala Rai And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- A. P. Tewari,S. S. Tripathi Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order dated 22.06.2010, by which the
appointment of the petitioner for the post of Anganwari Karykarti
has been terminated. According to the petitioner the show cause
notice was given regarding the termination of the engagement.
Petitioner approached this Court by filing a writ petition No.
29476 of 2010 before this Court, which was finally disposed of on
21.05.2010. It has been directed by this Court that to the show
cause notice, petitioner will submit a reply and the authorities will
pass a detailed and reasoned order after affording opportunity to
the petitioner. According to the petitioner the order has been
passed without assigning any reason and no proper opportunity has
been given to the petitioner. Further submission made by the
petitioner is that order impugned is not a reasoned order and no
reasons have been recorded. It is well settled law that if no reasons
have been recorded there will be a presumption that the order has
been passed without application of mind. In such circumstances,
learned counsel for the petitioner submits that the order impugned
is liable to be quashed.
On the other hand learned Standing Counsel wanted to support the
order impugned to this effect that reply of the petitioner has been
considered, therefore, it cannot be held that petitioner has not been
afforded opportunity.
I have considered the submission of the parties and perused the
record. From perusal of the order passed by this Court dated
21.05.2010, it is very clear that no reason has been recorded while
passing the order by the competent authority. The issue regarding
termination of engagement of the petitioner was to be decided by a
speaking and reasoned order after affording opportunity to the
petitioner. In my opinion from perusal of the order it cannot be
held that it is an order of application of mind. It is well settled by
the constitution Bench decision of the Apex Court rendered in the
case of S. N.Mukherjee Vs. Union of India (AIR 1990 SC 1984)
that the administrative authority while passing the order is bound
to record the reasons. If no reasons have been recorded, there will
be a clear presumption in law that it is an order of non application
of mind without assigning any reason. The aggrieved persons will
not be in a position to assail before the appellate authority validity
and genuineness of the order because he has to assail the reasons
whether it is correct or wrong.
In such circumstances without inviting counter and rejoinder
affidavits, I am of opinion that this writ petition can be disposed of
finally by quashing the order impugned because in inviting the
counter and rejoinder affidavit, ultimate result of the writ petition
will be same.
In view of the aforesaid fact the writ petition is allowed, the order
impugned dated 22.06.2010 Annexure No.12 to the writ petition is
hereby quashed and the matter is remanded back to the respondent
No.5 to pass appropriate orders strictly in accordance with law in
compliance of the order of this Court within a period of two
months from the date of production of certified copy of this order
before him.
The writ petition is allowed accordingly.
No order as to costs.
Order Date :- 3.7.2010
Pr/-