Madhyamam Broadcasting Limited vs Union Of India on 5 April, 2023
Bench: Hima Kohli , Dhananjaya
party who has lost before it knows the reason for its decision. A speaking and reasoned order would also dispel any suspicion of arbitrariness ... held that even if the order is not a speaking and reasoned order, it would not stand vitiated.
33. For these reasons
confirmed by this Court vide order dated 15.11.2018,
giving liberty to the respondent(s) to pass a fresh, reasoned order.
The relevant portion ... reports
were not available while passing order dated 11.8.2017 and gave
liberty to pass a fresh reasoned order by considering the previous
inquiry reports
reasoned order to the operative portion of the interim order dated
05.10.2017; however, their Counsel was informed that the
reasoned order ... entire order is alone pronounced in open Court, pronouncement of
merely the operative portion of the order, without the reasoned
order made being ready, would
Pleadings .......................................................................... 39
III. Whether impugned order reflects application of judicial mind? ................... 40
(i) Importance of Reasoned Order ............................................................ 45
LAW ON VICARIOUS LIABILITY IN CRIMINAL CASES ... judicial discretion and the order passed by him is a
judicial order, it is difficult to accept that the order passed
proved misconduct of willful insubordination or disobedience of lawful or reasonable order of employer and unauthorized absentism found in the departmental enquiry;
alternatively
That, persistent ... reasonings of the disciplinary authority, the appellate authority has also confirmed the order of dismissal dated 21st October 1993 by passing a reasoned order, which
material to justify their
case/reason, even for below 50% default. There is also no provision to
pass reasoned order by the Committee after giving ... passing any
order affecting the legal rights of the parties. Duty to give reasons
and/or recording reasons and/or passing speaking order, is essential
authority should
be a speaking and reasoned order and in the absence of a speaking and
reasoned order of DRP, we feel it proper ... authority should be a speaking and reasoned order and in the absence
of speaking and a reasoned order of DRP, we feel it proper
Mhatre on false pretext that they refused to obey lawful and reasonable orders of their superiors while the other two workmen on the ground ... obey the orders of their superiors, it cannot be said that they wilfully refused to obey lawful and reasonable orders of their superiors.
15. Therefore
detailed show cause notice, reasonable
time for reply, an examination of the response and the
making of a reasoned order. According to the learned
senior ... Gujarat High
Court, the Court had ordered issuance of notice, receipt of
reply and passing of a reasoned order. This judgment was
overruled by this