Speaking order requirement in factory stuffing permission refusal led to remand for fresh reasoned reconsideration.

Refusal of factory stuffing permission was set aside because the rejection order contained no reasons and was not a speaking order. The tribunal held that, where the competent authority fails to disclose the basis for refusing permission, the matter should be reconsidered after hearing the applicant. The application was remanded to the Commissioner for fresh decision by a reasoned order.

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Issues: Whether the Commissioner's refusal of factory stuffing permission was liable to be set aside for want of a speaking order, and whether the matter should be remanded for fresh consideration.

Analysis: The order rejecting permission did not disclose reasons. In the absence of a speaking order, the appellate tribunal found it appropriate that the competent authority reconsider the application and pass a reasoned order after hearing the appellant.

Conclusion: The non-speaking order was set aside for reconsideration, and the matter was remanded to the Commissioner for passing an appropriate order after hearing the appellant.

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