H.S.BEDS, J. - (1.) THE only prayer of the learned counsel for the petitioner is that while according judicial appraisal to the Jail punishment imposed on the petitioner, the Sessions Judge, Ambala, did not record any reason for doing so. Reliance has been placed on Annexure R -1 which is a communication dated 7th October, 1993 to the Superintendent, Central Jail Ambala from the Superintendent of the District and Sessions Judge, Ambala, in which a bald statement has been made that the judicial appraisal of the punishment had been accorded. The learned counsel for the petitioner has stated that this communication by itself did not give any reason whatsoever and as such, was not sustainable in the light of the observations of this Court in Mukesh v. Superintendent of Jail, Karnal, 1994 (1) All India Criminal Law Reporter 280.
(2.) I have heard the learned counsel for the parties and find that the petitioner's assertion on this limited aspect is correct. Admittedly, judicial appraisal is a quasi judicial function and as such the principles of natural justice which are required before making such an order must be followed. The order itself must be self -speaking so that a person reading it can make out the reasoning which prompted the concerned officer for making such order. Annexure R -1 which is the order and relied upon by the respondents, gives no such reason.
(3.) FOR the reasons recorded above, the present petition is allowed to the extent that Annexure R -1 is quashed and the matter is remitted to the District and Sessions Judge, Ambala for reappraising of the punishment awarded to the petitioner after giving him notice and an opportunity of hearing should he so desire. The file of the case should be forwarded to the District and Sessions Judge, Ambala within a period of one week from the date that a copy of this order is supplied to the Jail authorities and the District and Sessions Judge. Ambala will take a decision thereon within four weeks thereafter. Petition allowed.;