2009 (3) TMI 1070

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....writ petition was to the order passed by the Presiding Officer, Labour Court, Gorakhpur. 3. Background facts as projected by the appellant are as follows: Respondent was posted as Booking Clerk at Gorakhpur Station. He was found involved in serious acts of misconduct, not taking interest in the job, carelessness in performance and usually coming late to office and remaining absent and not complying with orders. In this regard several letters were written by the senior Foreman directing the respondent to improve his conduct and warning him that unless he improved himself, necessary orders shall be passed. He was asked to make certain clarifications by letter dated 24.4.1980 to which he did not submit a reply. He was suspended fro....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the order is non-reasoned and the High Court had not even considered the various stands highlighted by the appellant. 5. Learned Counsel for the respondent on the other hand supported the order of the High Court. 6. It appears that the High Court had initially issued notice and reply was filed by the respondent. After that the High Court has dismissed the writ petition in a summary manner. It cannot be said that the various aspects highlighted by the appellant were without any substance. What would have the effect of it was to be enquired in the writ petition which apparently has not been done. The order reads as follows: Impugned order does not suffer from any infirmity warranting interference by this Court. Consequently writ peti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi-judicial performance. 10. This Court in State of Orissa v. Dhaniram Luhar 2004CriLJ1385 has while reiterating the view expressed in the earlier cases for the past two decades emphasised the necessity, duty and obligation of the High Court to record reasons in disposing of such cases. The hallmark of a judgment/order and exercise of judicial power by a judicial forum is to d....