Indian Kanoon - Search engine for Indian Law

44. It is trite that when public functionaries exercises quasi-judicial functions or act as such, the discretion exercised must culminate into a reasoned order, which not only shows application of mind but also a proof of consideration of their discretion thereof. For want of an order on the written statement of defence, it may hold good when an order appointing the inquiry officer is issued, which would rule out dropping of the charges on the written statement of defence but aforesaid exercise would not absolve the disciplinary authority to consider that in the context of dropping the charges, the written statement of defence of an All India servant and the reasons are mandated to be recorded in file thereof as if a question arises where the appointment of inquiry officer, which is not a mechanical exercise but is preceded by consideration of statement of defence for non-recording reasons a sine qua non of application of mind has to be presumed, which would be an antithesis to fair play and good administration. As such, the instructions issued by DP&AR are binding on disciplinary authority.