Reasoned appellate order required: dismissal for non-appearance without merits review was set aside and remanded.

An appellate quasi-judicial authority cannot dismiss an appeal as unsubstantiated for non-appearance without examining the order-in-original or the grounds raised. It must pass a reasoned speaking order on the merits of the challenge and afford a reasonable opportunity of hearing, even where the appellant is absent. Because the dismissal order did not deal with the issues on record or the merits of the appeal, it was not sustainable and was set aside. The matter was remanded for fresh disposal on merits in accordance with law and the principles of natural justice.

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Issues: Whether an appellate order dismissing the appeal as unsubstantiated for non-appearance, without examining the order-in-original or the grounds of appeal, could be sustained.

Analysis: The dismissal was made without consideration of the merits of the challenge or the material already on record. A quasi-judicial appellate authority is required to pass a reasoned order dealing with the issues arising in the appeal, even where the appellant is absent, and must afford a reasonable opportunity of hearing before deciding the matter.

Conclusion: The dismissal order was not a speaking order and was liable to be set aside. The appeal was allowed by way of remand for fresh disposal on merits in accordance with law and the principles of natural justice.

Final Conclusion: The appellant succeeded, and the matter was sent back to the lower appellate authority for a fresh decision on merits after hearing the parties.

Ratio Decidendi: An appellate quasi-judicial authority cannot dismiss an appeal as unsubstantiated without addressing the merits and must decide it by a reasoned speaking order after giving a fair opportunity of hearing.

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