Jharkhand High Court
Guru Dayal Yadav vs State Of Jharkhand on 16 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 6555 of 2018
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Guru Dayal Yadav .... .... Petitioner(s).
Versus
1. State of Jharkhand
2. Deputy Commissioner, Chatra
3. Divisional Commissioner, North Chotanagpur Division, Hazaribag
.... .... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : Mr. Anil Kumar Sinha, Sr. Advocate
Mr. Lal Vikram Nath Shahdeo, Advocate
For the State : Mr. Vineet Prakash, AC to SC-IV
8/16.01.2023
Heard the parties.
2. Petitioner was appointed as a Peon in Class-IV category, Chatra. He was
dismissed from service. Petitioner preferred an appeal before the Appellate
Authority i.e Commissioner, North Chotanagpur Division, Hazaribag. His
appeal was dismissed on 22.11.2018.
3. Petitioner is aggrieved by the Appellate order which reads as follows:-
"Heard the learned lawyer on behalf of appellant I don't
find any merit in this case as Deputy Commissioner Chatra has
mightly passed the order dt. 3.7.18 as per norms and prescribed
rules.
Hence the appeal application is rejected at Admission
Stage itself."
4. From the aforesaid order I find that none of the points raised by the
petitioner has been considered by the Appellate Authority. The order is cryptic
and unreasoned. In an appeal the Appellate Authority has to re-apprise the
grounds which has been raised by the petitioner before him. The Appellate
Authority has to consider all those points and come to an independent finding as
to whether the order impugned which is before the Appellate Authority is correct
or wrong. An independent conclusion has to be arrived at by the Appellate
Authority. The Hon'ble Supreme Court in the case of Chairman, Life Insurance
Corporation of India & Ors Vrs. A Masilamani reported in (2013) 6 SCC 530, in
Paragraph 19 of the said judgment, has held that an opinion has to be formed by the
statutory authority, which should be reflected on the records itself. Paragraph 19 of the
said judgment reads as under:-
"19. The word "consider" is of great significance. The
dictionary meaning of the same is, "to think over", to regard
as, or "deem to be". Hence, there is a clear connotation to the
effect that there must be active application of mind. In other
words, the term "consider" postulates consideration of all
relevant aspects of a matter. Thus, formation of opinion by
the statutory authority should reflect intense application of
mind with reference to the material available on record. The
order of the authority, itself should reveal such application of
mind. The appellate authority cannot simply adopt the
language employed by the disciplinary authority and proceed
to affirm its order. (Vide India Oil Corpn. Ltd. V. Santosh
Kumar & Bhikhubhai Vithalbhai Patel V. State of Gujarat)".
5. This Court also in W.P(S) No.6171 of 2018 has held that the Appellate
Authority has to give reason in support of his decision, after coming to an
independent conclusion, considering the point raised by the petitioner.
6. In this case the Appellate Authority in a most cryptic manner without
application of mind, in one line has dismissed the appeal. The Appellate Order is
bad, thus the order dated 22.11.2018 passed in Service Appeal No. 54 of 2018 is
set aside. The matter is remitted to the Appellate Authority to pass a detailed order
after giving one opportunity of hearing to the petitioner within a period of eight
weeks from the date of receipt/production of this copy of this order. It is expected
that petitioner will cooperate with the Appellate Authority.
6. Accordingly, the instant appeal stands disposed of.
(ANANDA SEN , J)
anjali/cp2
