- (1.) ANJANI Kumar, J. Heard Sri M. P. S. Chauhan, learned Counsel appearing on behalf of the petitioner and Sri Ajeet Kumar Singh, holding brief of Sri B. N. Singh, learned Counsel for the respondents.
(2.) PETITIONER earlier has approached this Court by means of Writ Petition No. 13728 of 2002 challenging the order dated 30th September, 1994 as well. This Court vide its order dated 25th April, 2002 directed as under: - "in view of the foregoing discussions, it is appropriate that the writ petition be disposed of with direction to Respondent No. 3 that if the appeal of petitioner Annexure-5 to the writ petition, against the dismissal order dated 30-9-1994 has not yet been decided, the same may be expeditiously considered and decided in accordance with law. It is made clear that this Court has not examined the contention of the parties regarding the merit of the dismissal order and it is for the Respondent No. 3, to decide the appeal in accordance with law, if the same is still pending. The writ petition is disposed of with the aforesaid direction. " Pursuance to the aforesaid direction, the petitioner approached the respondents along with an application and certified copy of the order dated 25th April, 2002. The respondents, by the order impugned in the present petition dated 27th September, 2002, Annexure-8 to the writ petition, have decided the petitioner's case and rejected the appeal filed by the petitioner. A perusal of the aforesaid order would demonstrate that it is not a decision, which can be said to be a decision in accordance with law, as no reasons have been communicated or assigned in the impugned order while rejecting the petitioner's appeal and the explanation and the grounds taken in the appeal have also not been dealt with by the authority, thus the order impugned becomes a non-speaking order, which has been passed without application of mind. In view of the aforesaid fact, the order dated 27th September, 2002, Annexure-8 to the writ petition, deserves to be quashed and is hereby quashed. The respondents are hereby directed to decide the petitioner's appeal afresh in accordance with law expeditiously after affording opportunity of hearing to the petitioner and as per the directions already issued by this Court. In this view of the matter, this writ petition deserves be to allowed and is hereby allowed. The order dated 27th September, 2002, Annexure-8 to the writ petition is quashed. Order accordingly. Petition allowed. .;