Commissioner Of Police, Bombay vs Gordhandas Bhanji on 23 November, 1951
The order dated 30.04.2011 has
been made after hearing the parties and, being a quasi-judicial
order, can be termed as a public order made in exercise of statutory
powers vested in the Additional Secretary (Appeals). As has been
held by the Supreme Court in Commissioner of Police, Bombay v.
Gordhandas Bhanji (supra),
public
orders, publicly made, in exercise of a statutory authority cannot
be construed in the light of explanations subsequently given by the
officer making the order of what he meant, or of what was in his
mind, or what he intended to do. This judgment would apply on all
fours to the impugned order/ communication dated 06.08.2011, and on
this ground as well, the impugned order cannot be permitted to
stand.