TMI Blog2009 (3) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... ce to the respondent who filed his reply - basic stand of the appellant is that the order is non-reasoned and the High Court had not even considered the various stands highlighted by the appellant. HELD THAT:- It appears that the High Court had initially issued notice and reply was filed by the respondent. After that the High Court has dismissed the writ petition in a summary manner. It cannot be said that the various aspects highlighted by the appellant were without any substance. What would have the effect of it was to be enquired in the writ petition which apparently has not been done. The order reads as follows: ''Impugned order does not suffer from any infirmity warranting interference by this Court. Consequently writ pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of this Court under Article 136 of the Constitution are special and extraordinary and the main object is to ensure that there has been no miscarriage of justice. That cannot be said to be the same with a writ petition. This position is highlighted in Dr. Vishnu Dev Sharma v. State of U.P. and Ors [ 2008 (1) TMI 979 - SUPREME COURT OF INDIA] . Hence, the impugned order of the High Court is clearly unsustainable and is set aside. The matter is remitted to the High Court to hear the Civil Misc. Writ Petition to be disposed of by a reasoned order. - Dr. Arijit Pasayat and A.K. Ganguly, JJ. For Appellant: Anuvrat Sharma, Adv For Respondents: Rachna Srivastava, Mohd. Noorullah and Himani J., Advs. JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when asked to do so by superiors. 3. For marking his presence on the attendance register on a day when he remained absent and 4. Willfully causing disappearance of departmental records. A departmental enquiry was initiated and the Enquiry officer after concluding the same submitted the enquiry report. During enquiry the charges leveled against the respondent were found to be proved and as such he was removed from service by order dated 30.7.1988. Respondent filed an application in 2002 before the Presiding Officer, Labour Court, Gorakhpur which was listed as Adjudication Case No. 25 of 2002. In course of examination by the Labour Court on 28.1.2004, respondent admitted that certain entries in register entered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is amenable to further avenue of challenge. The absence of reasons has rendered the High Court's judgment not sustainable. 9. Even in respect of administrative orders Lord Denning M.R. in Breen v. Amalgamated Engineering Union 1971 (1) All E.R. 1148 observed The giving of reasons is one of the fundamentals of good administration . In Alexander Machinery (Dudley) Ltd. v. Crabtree it was observed: Failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision taker to the controversy in question and the decision or conclusion arrived at . Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the inscrutable face of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m to exercise the same either way does not constitute any license to exercise it at whims or fancies and arbitrarily as used to be conveyed by the well-known saying: varying according to the Chancellor's foot . Arbitrariness has been always held to be the anathema of judicial exercise of any power, all the more so when such orders are amenable to challenge further before higher forums. Such ritualistic observations and summary disposal which has the effect of, at times, cannot be said to be a proper and judicial manner of disposing of judiciously the claim before the courts. The giving of reasons for a decision is an essential attribute of judicial and judicious disposal of a matter before courts, and which is the only indication to kn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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