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TMI Blog2009 (3) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... d learned counsel for the parties. This Appeal has been filed against the judgment and order dated 13.3.2007 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.2868 of 2004, whereby and whereunder the High Court has allowed the writ petition and quashed the order dated 23.4.2003 passed by the Disciplinary Authority and the resolution of the Board of Directors date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the order of the appellate authority dated 4.9.2003, respondent No.1 filed a writ petition in the High Court of Judicature at Allahabad. The High Court by the impugned order has allowed the writ petition filed by respondent No.1 and set aside the orders of the appellate authority and disciplinary authority on the ground that the order of the appellate authority dated 4.9.2003 did not contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, we cannot accept the proposition that an order of affirmation need not contain any reasons at all. That order must contain some reasons, at least in brief, so that one can know whether the appellate authority has applied its mind while affirming the order of the disciplinary authority. The view we are taking was also taken by this Court in Divisional Forest Officer vs. Madhusudan Rao, JT 2008 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law that some reasons, at least in brief, must be disclosed in a judicial or quasi-judicial order, even if it is an order of affirmation. No doubt, in S.N.Mukherjee's case (supra), it has been observed (vide para 36) that: "..The appellate or revisional authority, if it affirms such an order, need not give separate reasons if the appellate or revisional authority agrees with the reasons con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the High Court has set aside the order of the disciplinary authority, in addition to setting aside the appellate order. Hence, this appeal is partly allowed and the impugned judgment of the High Court to the extent that it has set aside the order of the disciplinary authority is set aside, and the matter is remanded to the appellate authority to decide the appeal filed by respondent No.1 afresh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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