VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 276
585
Punishing authority under no obligation to pass a
speaking order where it agrees with the findings of the
Inquiry Officer and accepts the reasons given by him.
Ram Kumar vs. State of Haryana,
1987(5) SLR SC 265
The appellant was a Bus Conductor of the Haryana
Roadways. A charge was levelled against him that he did not issue
tickets to nine passengers although he had taken the fare from them.
A disciplinary proceedings was started and the Inquiry Officer held
that the charge was proved. The punishing authority agreed with the
findings of the Inquiry Officer and terminated his services.
The appellant filed a suit challenging the legality of the order
of termination contending that as no reason was given it was illegal
and invalid being opposed to the principles of natural justice and the
trial court dismissed the suit. On appeal, the Additional District Judge
held that the order was a non-speaking order not containing any
reason and as such it was invalid and allowed the appeal. The State
of Haryana took the matter to the High Court which held that the
impugned order was quite legal and valid. The High Court observed
that the punishing authority has passed a lengthy order running into
seven pages mentioning therein the contents of the charge-sheet,
the detailed deposition of the witnesses, the explanation submitted
by the appellant and the findings of the Inquiry Officer and concluding
that no reason is available to him on the basis of which reliance may
not be placed on the report of the Inquiry Officer.
The Supreme Court observed that in view of the contents of
the order, it is difficult to say that the punishing authority had not applied
his mind to the case before terminating the services of the appellant.
The punishing authority has placed reliance upon the report of the
Inquiry Officer which means that he has not only agreed with the findings
of the Inquiry Officer but also has accepted the reasons given by him
for the findings. When the punishing authority agrees with the findings