35. The next contention of the learned counsel for Appellants is that Appellate Authority is expected to apply its mind to the findings and while confirming the order, the Appellate Authority must also furnish reasons. Submitting that in the instant case, the order of Appellate Authority is laconic, the learned counsel for Appellants placed reliance upon (2008) 3 SCC 469 [Divisional Forest Officer, Kothagudem and others v. Madhusudhan Rao] wherein the Supreme Court held as under:-
6.The view we are taking was also taken by this Court in Divl. Forest
Officer v. Madhusudhan Rao [(2008) 3 SCC 469 : (2008) 1 SCC (L&S) 788 : JT
(2008) 2 SC 253] (vide SCC para 20: JT para 19), and in M.P. Industries Ltd.
10. Similarly, in "Divisional Forest Officer, Kothagudem and Others Vs.
Madhusudhan Rao", (2008) 3 Supreme Court Cases 469 the Hon'ble
Supreme Court had held that the Appellate Authority is required to give
at least some reasons for rejecting an appeal preferred by a public
servant who had been guilty in departmental enquiry. This is what the
Hon'ble Supreme Court observed in para no. 20 of the judgment:-
In this
connection, the Tribunal had also placed reliance on the
8
(OA No.312/2013)
judgment of the Hon'ble Supreme Court in the case of
Madhusudhan Rao (supra).
8. Following the ratio laid down in the judgments relied upon by the
learned counsel for the petitioner, the impugned order dated 18.12.2002 is
liable to be set aside. Accordingly, the same is set aside and the matter is
remitted back to the 1st respondent for fresh consideration. The 1st
respondent is directed to decide the matter afresh on merits and in
accordance with law, by passing a detailed order.
19. Considering the law laid down by the Hon'ble Supreme Court as well as
this Hon'ble Court in the decisions discussed above any by applying those
decisions to the facts and circumstances of the case, I allow the writ petition
and set aside the order of the respondents 1 to 4 and consequently, remit the
matter back to the fourth respondent to pass a fresh order on merits and in
accordance with law, after considering the facts and circumstances of the case
in detail, by independent application of his mind. The said exercise shall be
done by the fourth respondent within a period of eight weeks from the date of
receipt of a copy of this order.
9. At the time of oral submissions on 06.07.2018, learned counsel for the
applicant reiterated the averments in the OA and the Rejoinder that no
opportunity of hearing was given to the applicant before passing the order
to recover the amount in question from the salary of the applicant and that
no proceeding under the provisions of the DAR, 1968 was initiated against
the applicant before passing the order of recovery of the loss from the
salary. Learned counsel for the applicant also submitted written
arguments/synopsis at the time of hearing on 6.7.2018 enclosing the copy
of the judgment of Hon'ble Apex Court in the case of Divisional Forest
Officer, Kothagudem and others vs. Madhusudhan Rao reported in (2008)
3 SCC 469 in support of his contentions in this OA. It was submitted that
in the cited case, the impugned order enhancing the punishment on the
respondents was held to be illegal since it was passed by the appellate
authority without considering the grounds raised by the respondents and
no give reasons for the decision.