Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) Assailing the judgement and order dated 19th May, 2009 passed in O.A. No. 5031 of 2006 by the West Bengal Administrative Tribunal, Bikash Bhavan, Salt Lake City, Calcutta, this writ application has been filed.
(3.) Challenge before the learned Tribunal was the decision of the Disciplinary Authority in a departmental proceeding which stood confirmed by the Appellate Authority, namely, the Governor of West Bengal. Learned Advocate for the writ petitioner submits that the decision/order of Appellate Authority, confirming the decision of the Disciplinary Authority, was not a speaking order and the said Appellate Authority did not apply his mind. This grievance of the writ petitioner as agitated before the learned Tribunal below has been answered in the following terms by the learned Tribunal below which reads such: - "Grievance against the Appellate order has also been made on behalf of the petitioner alleging mainly that it is not a speaking order, and as such, interference by this Tribunal would be necessary. But, as per the settled position of law, when Appellate order is passed in affirmation of the final order, it need not be a speaking order, but one has to see whether there has been application of judicial mind or not in passing such order, and in the instant case, looking into the Appellate order, passed on behalf of the Authority concerned, it may be indicated that there has been sufficient application of judicial mind in passing the Appellate order, and as such, no interference, as prayed, is necessary against the Appellate order by this Tribunal".;