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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 ..... of principles of natural justice - HELD THAT:- The impugned order as well as the report of the State Government does not give any explanation for the three periods which have been treated as leave without pay and extraordinary leave. The impugned order thus being a non speaking order and the respondents having failed to give any justification or plausible explanation for the said order, the same cannot be held to be proper, legal and justified and deserves to be set aside. Once the matter was sent back to the authorities concerned especially by the High Court, the Authorities should have taken extra care while deciding the claim of the petitioner and ought to have given reasons and the provisions of the Rules under which the order was being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is time the Authorities concerned shall be more careful while deciding the case of the petitioner and shall decide the same objectively giving the reasons to their findings so arrived within a period of three months from the date of receipt of copy of this order. The impugned order deserves to be and is accordingly set aside. The matter is remanded to the Authority concerned for passing an order afresh - Petition allowed by way of remand. X X X X Extracts X X X X X X X X Extracts X X X X ..... riod from 25.07.1989 i.e. the date on which she reported for duty after extended period of maternity leave till 12.10.1995 she was willing to work but she was refused joining arbitrarily and illegally to join her duty and therefore she is entitled for the said period for salary benefits. 4. The respondents after disposal of the earlier writ petition i.e. W.P.(S) No. 3764 of 2005 dated 06.07.2010, on receipt of the representation so made by the petitioner have passed the impugned order whereby the period from 16.10.1987 to 13.04.1988 i.e. 180 days has been treated as leave without pay and the two subsequent periods from 14.04.1988 to 15.10.1989 and 10.08.1991 to 10.10.1994 have been treated as on duty. However, the remaining intervening per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e periods which have been treated as leave without pay and extraordinary leave. The impugned order thus being a non speaking order and the respondents having failed to give any justification or plausible explanation for the said order, the same cannot be held to be proper, legal and justified and deserves to be set aside. 7. Once the matter was sent back to the authorities concerned especially by the High Court, the Authorities should have taken extra care while deciding the claim of the petitioner and ought to have given reasons and the provisions of the Rules under which the order was being passed. The impugned order does not disclose application of mind to the grievance and contentions of the petitioner. The authority was duty bound to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party and secondly, more particularly, hamper the proper administration of justice. A judgment without reasons causes prejudice to the person against whom it is pronounced, as that litigant is unable to know the ground which weighted with the authority in rejecting him claim and also causes impediments in his taking adequate and appropriate grounds before the higher court in the event of challenge to that order." 10. For the foregoing reasons, the impugned order deserves to be and is accordingly set aside. The matter is remanded to the Authority concerned for passing an order afresh so far as the disputed periods are concerned. 11. Accordingly, the authority concerned is directed to decide the periods i.e. 16.10.1987 to 13.04.1988, 16.10 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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