2009 (10) TMI 787

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....P. Singh, SDR, for the Respondent. ORDER Heard Shri Jitender Singh, ld. Advocate for the appellants and Shri. K.P. Singh, ld. SDR for the respondent. Though the impugned order has been sought to be challenged on various grounds, it is not necessary to consider all those grounds and suffice to refer to only one ground, namely, the ground which relates to total non-application of mind by the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(Appeals) has totally forgotten the obligations and duties of an Appellate Authority while dealing with the appeal filed against the Original Authority. 2. The law clearly requires an Appellate Authority to consider the points which are raised by the appellants in the appeal filed against the order passed by the Original Authority and to find out on analysis of the materials on record as to whe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h an exercise is expected from the Appellate Authority in each and every appeal filed against the order passed by the lower authority. Undoubtedly, such an exercise need not be disclosed by the volume of the order. It would depend upon the quality of the order and not the quantity of the order. However, the application of mind by the Appellate Authority to the matter in issue should be apparent on....