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2017 (3) TMI 1751 - ALLAHABAD HIGH COURTPrinciples of natural justice - cancellation of fair price shop agreement - case of petitioner is that the impugned order is passed in a most arbitrary manner and without considering the reply of the petitioner - HELD THAT:- The appellate authority is under obligation to consider with due care every fact for and against and to record its finding in a manner which may clearly indicate as to whether the facts on which the order was passed have been established and whether the facts so established afford sufficient ground for taking action. Absence of the findings to disclose reasons in an order in the manner indicated above renders the order to be indefensible/unsustainable. Reason is the heart beat of every conclusion. In the absence of reasons the order becomes lifeless. Non recording of reasons renders the order to be violative of principles of natural justice. Reasons ensures transparency and fairness in decision making. It enables litigant to know reasons for acceptance or rejection of his prayer. Reasons are really linchpin to administration of justice. It is link between the mind of the decision taker and the controversy in question. Thus failure to give reasons amounts to denial of justice. Perusal of the impugned appellate order further shows that the petitioner specifically argued before the respondent no.3 with references to the evidences on record with respect to certification of stock and distribution, receipt of essential commodities by the complainants as recorded in the sale register bearing signatures of the complainants, non supply of inquiry report and non consideration of the explanation submitted and the evidences filed - The impugned appellate order prima facie indicates failure on the part of the respondent no.3 to discharge his duty. The impugned order cannot be sustained and is hereby quashed - Matter is remitted back to the respondent no.3 to decide the Appeal afresh, in accordance with law - Petition allowed by way of remand.
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