Rajiv Narain Raina, J. - (1.) The complaint and the grievance in this case filed by the widow of late E/ASI Krishan Kumar, No.26/Karnal is against the appellate order dated 25.09.2013 (Annex P-2) passed by the Inspector General of Police, Karnal Range, Karnal describing the same as a non-speaking order which contains no reasons. Rule 16.31, of the Punjab Police Rules, 1934, as applicable to the State of Haryana, obligate the appellate authority to record reasons. The said provision reads as follows: "Every order passed in appeal shall contain the reasons therefore. A copy of every appellate order and the reason therefore shall be given free of cost to the appellant." It is pointed out that against the orders in appeal, a revision was preferred before the Director General of Police, Haryana, which has been rejected on the ground of delay on 16.02.2015.
(2.) The necessity of passing reasoned orders which affect rights of the citizen has become a constitutional duty of Officers, who pass quasi judicial orders ever after the law was laid down by the Constitution Bench of the Supreme Court in S.N. Mukherjee v. Union of India, 1991(1) S.C.T 241 : AIR 1990 SC 1984 . On this short ground, the impugned order dated 25.09.2013 (Annex P- 2) is not sustainable.
(3.) Moreover, the appellate order has been passed against a dead person. The husband of the petitioner was dismissed from service by the Superintendent of Police, Karnal on 08.11.2012 and died on 01.02.2013. His family should have been informed that the appeal would be taken up for final disposal and if they wished, they could appear and present their case. This would have guaranteed observance of principles of natural justice. On this count also, the order has to fall.;