- (1.) AGGRIEVED by the order dated 6-9-1986 passed by the disciplinary authority imposing the punishment of stoppage of two annual increments with cumulative effect, non payment of salary for suspension period and warning that in future, the petitioner shall not repeat the misconduct for which he was punished and the appellate order dated 9-10-1995 whereby his appeal has been rejected, the petitioner Sri Ajit Kumar Tiwari has filed this writ petition under Article 226 of the Constitution of India.
(2.) IN brief, the learned Counsel for the petitioner submitted that aggrieved by the punishment order earlier he approached this Court in writ petition No. 3757 of 1987, which was disposed of by a Division Bench on 28-7-1995 directing him to avail alternative remedy of appeal under Regulation 31 and the appellate authority was directed to pass a reasoned order after giving opportunity to the petitioner. He submitted that pursuant to the judgment dated 28-7-1995, the petitioner filed a detailed appeal dated 1-9-1995 (Annexure-18 to the writ petition) running in 20 typed pages of the writ petition, but the appellate authority in flagrant violation of the direction of this Court, has passed a wholly illegal and non-speaking order dated 9-10-1995 and that too without affording any opportunity. Sri Kakkar, learned Counsel appearing for the respondents bank, however, submitted that the appellate order mentions that the petitioner's memo of appeal has been considered and after a careful scrutiny of the matter, the appellate authority has passed the said order, therefore, it cannot be said that the appellate order is non-speaking. We have heard learned Counsel for the parties and perused the record.
(3.) THE direction issued by this Court vide judgment dated 28-7-1995 was asunder : "we direct the appellate authority to decide the appeal within two months from the date certified copy of this order is filed before the Board. Respondent No. 1 will give copy of the inquiry report to the petitioner, for which he had made an application earlier, within ten days of filing copy of this order before him. In case, the appeal is filed under regulation 31 aforesaid within one month, the said appeal will be decided by the said authority as aforesaid in accordance with law by means of a reasoned order after giving opportunity to the petitioner. " (Emphasis added) The appellate authority, however, instead of recording any reason has only recorded its conclusion and action taken on the basis thereof. A bare perusal of the appellate order leaves no doubt that it is wholly non-speaking and unreasoned order. Reasons and conclusion are different. Reasons are links between the material on which certain conclusion are based and they disclose the manner in which the authority has applied his mind. In Union of India v. M. L. Capoor, AIR 1974 SC 87, the Apex Court observed : "reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi-judicial. They should reveal a rational nexus between the facts considered and the conclusions reached. ";