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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3256  OF 2013 (@ SPECIAL LEAVE PETITION (CIVIL)NO.13655 OF 2009)  

RAKESH BHATNAGAR    APPELLANT

VERSUS

UNION OF INDIA & ORS.                 RESPONDENTS

O R D E R

1. Leave granted.

2. This  appeal  is  directed  against  the  judgment  and  order  

passed by the High Court of Judicature at Bombay in Writ Petition  

No.398 of 2009, dated 11.02.2009.

3. By the impugned judgment and order, the High Court has  

rejected  the  Writ  Petition  filed  by  the  appellant  (hereinafter  

referred to as ‘delinquent employee’), who was compulsorily retired  

from service.

4. The Disciplinary authority had passed an order dismissing  

the delinquent employee from service.  On a Review Petition filed by  

the delinquent employee, the Reviewing Authority had modified the  

punishment from dismissal of the delinquent employee from service to  

compulsory  retirement  from  service.  They  further  imposed  certain  

other punishments.  Being aggrieved by the aforesaid orders passed,  

the  delinquent  employee  had  approached  the  Writ  Court  for

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appropriate  relief.   The  Writ  Court,  by  a  non-speaking  order,  

dismissed  the  Writ  Petition  filed  by  the  delinquent  employee.  

Aggrieved by the aforesaid order the delinquent employee is before  

this Court.   

5. To say the least, the judgment and order does not contain  

any reasons whatsoever for dismissal of the Writ Petition.  In our  

opinion, an order which does not contain reasons is no order in the  

eye of law and requires to be set aside.   

6. Therefore, we set aside the judgment and order passed by  

the High Court and remand the matter back to the High Court for  

fresh disposal in accordance with law.  

7. We request the High Court to dispose of the Writ Petition  

filed  by  the  delinquent  employee  as  early  as  possible,  after  

affording opportunity of hearing to the parties concerned.

8. The appeal is, accordingly, disposed of.  

9. All the contentions raised by both the parties are kept  

open to be agitated before the High Court.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (JAGDISH SINGH KHEHAR)

NEW DELHI;

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APRIL 08, 2013