TaxTMI 
TaxTMI 
TaxTMI 
1986 (8) TMI 418
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.... more particularly when there is provision for appeal including appeal on special leave to this Court under article 136 of the Constitution of India to apprise the appellate court of the reasons of the order in order to conform to the basic principles of justice and fairplay as well as the rule of law which pervades our constitutional system and also in consonance with the principles of natural justice. On this vital ground, we deem it just and proper to grant special leave and accordingly special leave is granted. The facts of the case in brief are, inter alia, that the petitioner, a B. Sc. with 2nd Class honours, was appointed as an Assistant Teacher in 1951, in the New English Institute Girls High School, conducted and managed by a registered society named New Education Institute, the respondent No. 1. The petitioner was transferred to New High School in June, 1953. The petitioner passed the Secondary Teacher's Certificate Examination and he also passed the Diploma of Education Examination conducted by Basic Training Centre, Dhule. This diploma is considered as equivalent to Bachelor of Education Degree for the purpose of considering suitability for additional benefits. The pe....
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....ince it was not the duty of the Headmaster, he could not be held responsible in management of accounts in the capacity of Headmaster. Some of the charges pertaining to the duties as Headmaster had been fully proved and some partly against the petitioner. To be guilty under a single charge pertaining to financial matters is very serious. The joint Director, therefore, held that the recommendations made by the Enquiry Committee regarding the termination of the service of the petitioner had to be upheld. The petitioner, thereafter, challenged the impugned order in Writ Petition No. 1837 of 1980 before the High Court of judicature at Bombay. On 12th August, 1980, the writ petition was rejected by merely recording the order, "rejected". No reasons whatsoever were recorded which impelled the Court to reject the petition. The petitioner, thereafter, brought an action being Civil Suit No. 199 of 1981 in the Court of Civil judge, Senior Division, Nasik, which is pending for hearing. During the pendency of these proceedings, the management again commenced an enquiry under the provisions of clause 77.3 of the Secondary Schools Code. This enquiry was completed without any compliance of the ....
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....w of the earlier rejection of W.P. as well as the application to file appeal to the Supreme Court, this W.P. is also rejected." Aggrieved by the said judgment, the petitioner filed the instant petition for special leave to appeal in this Court. It was pleaded in the special leave petition that the third enquiry proceeding was commenced by the management under the provisions of clause 77.3 of the Secondary Schools Code. During the pendency of the aforesaid proceedings, it was further pleaded that the enquiry committee while proceeding with the enquiry arbitrarily violated the principles of natural justice as well as the provisions of clause 77.3 of the said Code. The Headmaster who was biased against the petitioner was appointed as one of the members of the Enquiry Committee and he did not permit the petitioner's nominee to be present in the enquiry which was held ex Parte. The petitioner was asked by the opposite party No. 1, the New Education Institute, by its letter dated 15th January, 1979, to nominate his representative. The petitioner by his letter dated 29th January, 1979, enquired of the management whether his nominee should be a Headmaster or an Assistant Teacher or a me....
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....1980 and Writ Petition No. 4063 of 1984, on merits which were dismissed by recording the laconic order "rejected". No speaking order was made assigning any reason whatsoever for rejecting the aforesaid two writ petitions which involved substantial questions of law and facts. It is a cardinal principle of rule of law which governs our policy that the court including Writ Court is required to record reasons while disposing of a writ petition in order to enable the litigants, more particularly the aggrieved party, to know the reasons which weighed with the mind of the court in determining the questions of facts and law raised in the writ petition or in the action brought. This is imperative for the fair and equitable administration of justice. More so when there is a statutory provision for appeal to the higher court in the hierarchy of courts in order to enable the superior court or the appellate court to know or to be apprised of the reasons which impelled the court to pass the order in question. This recording of reasons in deciding cases or applications affecting rights of parties is also a mandatory requirement to be fulfilled in consonance with the principles of natural justic....