Head Constable Yoges Kumar Shisodiya v. State Of U.P. And 2 Others
Case at a glance
- Decided
- 06 Mar 2025
- Bench
- NEERA
- Neutral citation
- 2025:AHC:32735
Outcome
Disposed of
With the aforesaid observation, the writ petition is disposed of
Key paragraphs
- Para 33. In view of the facts and circumstances of the case, impugned order dated 29.11.2005 is hereby quashed and the writ petition is allowed on the same terms.
Judgment
While awarding censure entry to the petitioner, as affirmed in appeal and revision, absolutely no reason has been assigned by the respondents to discard petitioner's explanation dated 27.02.2024. Issuing of show cause notice is admitted. Except to hold that explanation is not satisfactory, no other justification is disclosed in the order, nor reasons have been indicated to discard petitioner's claim. In somewhat similar facts and circumstances, this Court in Writ Petition No.23290 of 2017 has been pleased to pass following orders on 24.5.2017:- "By the impugned order, the petitioner has been found guilty and he has been awarded a censure entry in terms of Rule 4(1)(b)(iv) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rule, 1991. 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.
Operative part
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. Accordingly, it is set aside.` The matter is remitted to the authority concerned to pass fresh order in accordance with law, expeditiously. In view of the fact that from order itself, it is evident that no reason has been mention, no useful purpose would be served to grant time to learned Standing Counsel to file counter affidavit. With the aforesaid observation, the writ petition is disposed of. "
Learned Standing Counsel could not dispute the aforesaid facts as well as judgment relied upon by the learned counsel for the petitioner.
In view of the facts and circumstances of the case, impugned order dated 29.11.2005 is hereby quashed and the writ petition is allowed on the same terms.
However, liberty is given to respondent no.2 to pass fresh reasoned order after considering the reply of petitioner dated 26.11.2005 Order Date :- 6.3.2025 Junaid JUNAID AHMAD High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observation, the writ petition is disposed of
Which court decided this case, and when?
Allahabad High Court, on 06 Mar 2025. The bench was NEERA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.