P&H High Court Raps Haryana Commissioner For 'Non-Speaking' Order, Seeks Chief Secy's Response On Training Of Senior Officers

The Punjab and Haryana High Court has expressed concern over the growing trend of non-speaking orders being passed by appellate authorities in Haryana while exercising statutory powers.

The Court was hearing a plea challenging the order passed by Commissioner, Hisar Division which was allegedly "non-speaking and cryptic order without giving any reasons."

Justice Jasgurpreet Singh Puri directed the Commissioner, Hisar Division, Hisar, to file a personal affidavit explaining what she had “thoroughly studied and examined,” as claimed in the impugned order, since no reasoning was recorded for dismissing the appeal.

The direction came while hearing a petition challenging two orders, including one passed by the Commissioner, Hisar Division, Hisar, which the petitioner alleged were totally non-speaking.

Counsel for the petitioner argued that despite the Commissioner stating she had “thoroughly examined the facts and records,” her order contained no discussion of evidence or reasoning, rendering it unsustainable.

After hearing the submissions, the Court found that, "there is nothing on the record to show the reasons assigned for dismissal of the appeal."

Observing that such orders were becoming common, the Court remarked:

“It is important to note that in a large number of cases such kind of orders are being passed by the appellate authority while exercising statutory powers without recording any reasons.”

The Court also indicated it would, on the next date of hearing, consider appointing a legal expert or authority to provide lectures and training to appellate and statutory authorities on how to pass reasoned and legally sustainable orders.

This Court requested the State Counsel, to apprise it on the next date of hearing as to whether "he will be ready for providing training to the senior officers of the State of Haryana, who exercise statutory powers or not, to which he submitted that he will apprise this Court on the next date of hearing."

On the aforesaid issue with regard to imparting training to the senior officers of the State of Haryana, who exercise statutory powers, the Chief Secretary to the Government of Haryana, was directed to file his response, on or before the next date of hearing.

The matter is adjourned to November 18, for further consideration.

Mr. Prateek Garg, Advocate for the petitioner.

Title: BHANUJ GUPTA v. STATE OF HARYANA AND OTHERS

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