Rahul Kumar v. State Of U.P. And 2 Others

It is contended on behalf of the petitioner that the impugned order is arbitrary and illegal and it does not disclose any reason, hence, the order is liable to be set aside. He further submits that in response to the show cause notice, the petitioner has submitted detailed representation on 28.04.2016. The authority concerned without adverting to his reply has rejected it by single order that his reply was found "Asantoshjanak" (Unsatisfactory). He submits that no reason has been assigned in the matter, hence, the order is arbitrary. I have heard the learned counsel for the parties. It is well settled law that an administrative/quasi judicial order must contain reason in support of the conclusion and in absence of the reason, the order become arbitrary. The Supreme Court in long line of decisions has settled the view that recording the reasons is an essential feature in administrative decision.

Recording the reasons also checks the State functionaries to act fairly and restrain them from arbitrary exercise of their administrative or quasi judicial power. The reasons in support of decision must be cogent and clear, which can demonstrate that authority concerned has applied his mind. Reference may be made to the judgments of Supreme Court in the cases of Assistant Commissioner, Commercial Tax Department, Works Contract and Leasing Vs. Shukla and Brothers, (2010) 4 SCC 785; Kranti Associates Private Limited Vs. Masood Ahmed Khan, (2010) 9 SCC 496; Union of India Vs. Mohan Lal Capoor, AIR 1974 SC 87; S.N. Mukherjee Vs. Union of India, AIR 1990 SC 1984; Raj Kishore Jha Vs. State of Bihar, (2003) 11 SCC 519; Assistant Commissioner, Commercial Tax Department, Works Contract and Leasing, Kota Vs. Shukla and Brothers (2010) 4 SCC 785. In view of the said settled law, I find that the impugned order which is cryptic and skeletal, needs to be set aside.