M.Katju, A.K.Yog, JJ. - (1.) Heard, counsel for the parties.
(2.) The petitioner was a Secretary of a Co-operative Society. He was charge-sheeted and after an enquiry, he was found guilty and his service was terminated, vide order dated 28th September. 1999. He filed an appeal against the termination order, which has been dismissed. Aggrieved, this writ petition has been filed.
(3.) A perusal of the appellate order dated 15th January, 2000, copy of which is Annexure-CA 14 to counter-affidavit, shows that the appellate authority has not recorded any reasons for upholding the order of the original authority. The appellate authority has merely recorded the facts and thereafter given its conclusion. There is a distinction between reasons and conclusion. The earlier view of the Supreme Court was that an order of affirmance need not give reasons, vide M. P. Industries Limited v. Union of India, AIR 1966 SC 671, but subsequently the Supreme Court changed its view and held that an order of affirmance too must give reasons, vide Bhagat Raja v. Union of India, AIR 1967 SC 1606, Travancore Rayons v. Union of India. AIR 1971 SC 862 and C. B. Gautam v. Union of India, 1993 (1)SCC 78.;