Appellate order quashed due to lack of reasons & failure to consider evidence, emphasizing need for reasoned decisions

The appellate authority's order dated 25.11.2013 was quashed for lack of reasons and failure to consider the petitioner's arguments and evidence. The case was remitted back for a fresh decision in accordance with the law, emphasizing the importance of providing a reasoned order and considering all submissions and evidence. The writ petition was allowed to this extent.

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Issues Involved:
1. Whether the cancellation of the fair price shop agreement was arbitrary and in breach of principles of natural justice.
2. Whether the appellate authority failed to consider the petitioner's arguments and evidence.
3. Whether the orders lacked proper reasoning and were thus unsustainable.

Issue-Wise Detailed Analysis:

1. Arbitrary Cancellation and Breach of Natural Justice:
The petitioner, a fair price shop agent, had his agreement canceled by the respondent on 29.12.2012. The petitioner argued that the cancellation was done arbitrarily and without considering his reply, thereby breaching the principles of natural justice. The respondent failed to record any findings regarding the petitioner's explanation and the evidence submitted along with his reply. This lack of consideration and failure to discharge statutory duty constituted a breach of natural justice.

2. Failure to Consider Petitioner's Arguments and Evidence:
The appellate authority dismissed the petitioner's appeal on 25.11.2013 without considering his arguments or the evidence presented. The judgment noted that the appellate authority did not provide reasons for accepting or rejecting the petitioner's arguments. The appellate order merely recorded the charges against the petitioner as proved without addressing the petitioner's submissions. This failure to consider arguments and evidence rendered the appellate decision arbitrary and negligent.

3. Lack of Proper Reasoning:
The judgment emphasized that an order without valid reasons cannot be sustained, as giving reasons is a rule of natural justice. The Supreme Court has consistently held that judicial and administrative orders must be supported by reasons to ensure transparency and fairness. The appellate order lacked reasons, making it unsustainable. The judgment cited multiple Supreme Court rulings underscoring the necessity of recording reasons in judicial orders to ensure that every fact for and against is considered with due care and that findings are clearly indicated.

Conclusion:
The appellate authority's order dated 25.11.2013 was quashed for failing to provide reasons and consider the petitioner's arguments and evidence. The matter was remitted back to the appellate authority to decide the appeal afresh in accordance with the law, by a speaking and reasoned order, after considering the petitioner's submissions and evidence, and providing a reasonable opportunity of hearing to the parties. The writ petition was allowed to this extent.

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