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TMI Blog2015 (9) TMI 1769X X X X Extracts X X X X X X X X Extracts X X X X ..... rit Petition (S) No. 3764/2005 which was disposed of by this Court on 06.07.2010 with the observation as under: "9. .... However, while considering the case of the petitioner in the light of the order of this Court, in respect of period from 16.10.1987 to 13.04.1988, this aspect shall also be taken into consideration and decision in accordance with law would be taken. 11. In so far as decision with regard to period from 16.10.1987 to 13.04.1988 as leave without pay is concerned, the same is declared illegal and is hereby set aside. The Competent Authority shall reconsider the entire aspects of the matter in the light of the observations made by this Court and in accordance with the provisions contained in the M.P./C.G. Civil Services (L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 16.10.1989 to 09.08.1991 and 11.10.1994 to 12.10.1995 has not been treated as on duty and the same has been treated as on extraordinary leave. 5. Counsel for the petitioner submits that for these three periods the respondents have not given any reason or justification for treating those as leave without pay and extraordinary leave particularly when the intervening period i.e. 14.04.1988 to 15.10.1989 and 10.08.1991 to 10.10.1994 has been treated as on duty. According to the counsel for the petitioner, the same reason prevailed for the entire period and since from April 1988 to October 1989 and August 1991 to October, 1994 has been treated as on duty, the other period also deserves the same treatment and the impugned order therefore is ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dependent conclusions on his decisions. Specific reasons should have been given on his findings. 8. In the case of East Coast Railway and Another Vs. Mahadev Appa Rao and Others with K. Surekha Vs. Mahadeo Appa Rao and Others (reported in 2010 (7) SCC 678), the Supreme Court in a very categorical terms has held that Arbitrariness in making of an order by an authority can manifest itself in different forms. Every order passed by a public authority must disclose due and proper application of mind by the person making the order. Application of mind is best demonstrated by disclosure of mind by the authority making the order and disclosure is best done by recording the reasons that led the authority to pass the order in question. Absence of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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