TMI Blog2019 (12) TMI 1556X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellate order does not contain any reason and is completely bereft of any reasons. This Court is of the view that there will be no gainful purpose in keeping the above petition pending; inasmuch as the order impugned which is bereft of any reason, cannot be sustained - the matter is remitted to the appellate authority for deciding the appeal afresh in light of the law as well as after considering the prayer of the petitioner in respect of the retesting of the third sample is concerned - Petition allowed by way of remand. - Misc. Single No. - 35591 of 2019 - - - Dated:- 19-12-2019 - Hon'ble Jaspreet Singh, J. Counsel for Petitioner :- Durgesh Vijay Srivastava Counsel for Respondent :- C.S.C. ORDER Heard Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cifically made a prayer for retesting of the second sample of the fertilizer in some other notified laboratory. The second sample was sent for testing and it also gone the same result. The submission is that without considering the prayer of the petitioner regarding retesting of the third sample and without dealing with the same by means of the impugned order the appellate authority has passed a completely non-speaking order without any reason holding that the appeal is not maintainable and accordingly dismissed the same. The learned counsel for the petitioner has also drawn the attention of the Court to the orders passed by this Court in various petitions, the copy of which has been annexed as annexure nos.7 and 8 with this petition. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on recording reasons is that if the decision reveals the inscrutable face of the sphinx , it can, by its silence, render it virtually impossible for the courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The inscrutable face of the sphinx is ordinarily incongruous with a judicial or quasi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
