2009 (3) TMI 972

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....UDERSHAN REDDY, JJ. ORDER Heard learned counsel for the parties. This Appeal has been filed against the judgment and order dated 13.3.2007 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.2868 of 2004, whereby and whereunder the High Court has allowed the writ petition and quashed the order dated 23.4.2003 passed by the Disciplinary Authority and the res....

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....ing any reasons whatsoever. Aggrieved against the order of the appellate authority dated 4.9.2003, respondent No.1 filed a writ petition in the High Court of Judicature at Allahabad. The High Court by the impugned order has allowed the writ petition filed by respondent No.1 and set aside the orders of the appellate authority and disciplinary authority on the ground that the order of the appe....

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....oned in the order of the appellate authority. Hence, we cannot accept the proposition that an order of affirmation need not contain any reasons at all. That order must contain some reasons, at least in brief, so that one can know whether the appellate authority has applied its mind while affirming the order of the disciplinary authority. The view we are taking was also taken by this Court in Divis....

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.... Hence, it is an essential requirement of the rule of law that some reasons, at least in brief, must be disclosed in a judicial or quasi-judicial order, even if it is an order of affirmation. No doubt, in S.N.Mukherjee's case (supra), it has been observed (vide para 36) that: "..The appellate or revisional authority, if it affirms such an order, need not give separate reasons if the a....